PSTT5 


S 


Columtjia  ©nibersitp 
intljeCitpofiSetogork 


LIBRARY 


©iss^'o^  i^^i©iEis^^(3JA(S3:s®^c 


BRIEF     AND     IMPARTIAL, 

HISTORY 

OF 

THE    LIFE    AND    ACTIONS 

OF 

AlVDREW    JACKSOIV, 

PRESIDENT    OF    THE    UNITED    STATES- 


Ignem,  cujus  scintillas  ipse  dedisti^ 
Flasrrantem  late  et  rapientem  cuncta  videbis. 

Juvenal,  Sat.  XIV.  244--^,       ] 

Alter, 
Si  fecisset  idem,  caderet  sub  judice  morum. 

Juv.IV.\\,l'Z, 


By  a  free  man. 


STIMPSON     AND     CLAPF: 
183L 


Male's  Steam  Press — W.  L.  Le^vis's  P'tiith 
Boston  :  No.  14  Devonshire  Street, 


^A 


1 


PREFACE 


'<  Defend  me  from  my  friends,'  says  the  Castilian  prov- 
erb, '  and  I  will  defend  myself  from  my  enemies.'  The 
adage  is  trite,  but  the  force  with  which  it  applies  to  the 
subject  of  the  following  memoir  must  be  our  apology  for 
its  use.  Never  had  man  more  reason  to  feel  its  truth 
•  than  president  Jackson.  We  doubt  not  that  his  wisest 
friends  would  desire  that  most  of  the  acts  of  his  life  should 
be  buried  in  oblivion,  as  the  only  means  of  saving  his  rep- 
utation, and  that  of  the  nation  which  tolerated  them.  This 
desirable  consummation  has  been  prevented  by  the  reck- 
less folly  of  some  of  his  adherents,  who,  not  content  that 
his  errors  should  be  forgotten  or  forgiven,  demand  that 
they  should  be  applauded.  The  learned  late  secretary  at 
war  did  his  worst  to  his  friend  and  patron  in  writing  his 
life,  or  more  properly  his  eulogium ;  but  the  president, 
mistaking  an  injury  for  a  benefit,  rewarded  his  ill-advised 
labors  in  kind  ;  that  is,  he  conferred  on  him  notoriety  and 
contempt,  for  in  this  case  the  terms  are  synonymous.  Then 
came  Mr.  Waldo,  and  gibbeted  Mr.  Jackson  in  a  work 
worse,  if  possible,  than  the  other.  He^  found  his  hero  a 
convenient  peg  on  which  to  hang  his  wares  for  sale, 
though  any  other  equally  prominent  would  have  answered 
his  purpose  as  well.  Two  or  three  abstracts  of  these 
hooks  have  since  been  published,  and  a  biography,  which 
purports  to  give  the  other  side  of  the  question,  has  also 
issued  from  the  Philadelphia  press.  As  all  our  efforts  to 
procure  a  copy  of  this  last  have  failed,  we  presume  it  has 
not  had  a  very  wide  circulation.  The  others  are  all  very 
imperfect ;  they  omit  more  than  half  of  the  steps  of  Mr. 
Jackson's  career,  and  bring  his  history  no  farther  than  the 
hattle  of  New-Orleans.  However,  they  contain  official 
documents  and  other  data,  of  which  we  have  availed  our- 
selves, and  to  these  they  are  indebted  for  this  notice.  Were 
they  to  be  regarded  as  specunens  of  American  literature, 
or  had  their  publication  been  delayed  till  now,  we  should 
dismiss  them  from  our  consideration,  and  even  from  our 
contempt,  at  once.  But  they  have  occasioned  irreparable 
injury  ;  their  contents  have  been  proclaimed  in  all  quar- 
ters of  the  Union,  in  a  voice  louder  than  a  trumpet-call. 
They  have  aided  to  produce  a  delusion  that  has  raised 


7439B 


6 


LIFE    OF    JACKSON. 


3?ities  for  instruction  :  besides,  his  habits  of  appli- 
cation had  been  interrupted,  so  that  it  would  be 
unfair  to  blame  him  for  his  small  scholarship.  He 
showed  some  judgment  in  changing  the  study  of 
theology  for  that  of  the  law,  though  for  all  that 
appears  to  the  contrary,  he  might  have  shone  as 
brightly  in  the  pulpit  as  at  the  bar.  He  prosecuted 
his  legal  studies  two  years  at  Salisbury  in  North 
Carolina,  under  the  direction  of  Spruce  ]\I'Kay, 
Esq.  and  JMr.  John  Stokes,  both  lawyers  of  some 
reputation.  Then  judging  himself  capable  to 
expound  the  law,  at  the  age  of  nineteen,  ]Mr.  Jack- 
son obtained  a  license  to  practise  in  the  courts  of 
the  State,  which  he  did  for  two  years. 

We  have  no  means  to  ascertain  what  was  his 
success  during  this  period ;  no  trace  of  his  works 
remain  to  tell  what  they  were,  and  all  his  biogra- 
phers are  silent  on  the  subject.  We  find  him,  in 
1788,  in  the  State  of  Tennessee,  then  the  outlet  of 
the  enterprise  of  North  Carolina.  Tennessee  was 
then  a  new,  wild  country,  principally  occupied  by 
hardy  borderers,  among  whom  knowledge  was 
scarce,  and  consequently  his  chance  of  distinction 
was  greater.  Law  there  was  not,  as  in  New  Eng- 
land, a  mistress  to  be  wooed  for  years,  and  won  at 
last  with  difficulty.  The  same  state  of  affairs  exists 
in  all  new  States  ;  in  some  of  them,  we  have  seen 
governors  and  even  members  of  congress  unable 
to  spell  a  dissyllable.  For  a  lawyer,  especially, 
the  prospect  is  fair.  The  bonds  of  society  are 
relaxed,  and  as  the  people  own  few  restraints 
save  those  of  feeling,  he  cannot  want  employment. 
INIoreover,  the  questions  argued  in  the  courts  are 
generally  of  the  most  simple  kind,  and  upon  the 
plainest  points  of  law.     Few  cases  occur  in  which 


LIFE    OF    JACKSON.  9 

abstruse  principles  are  involved,  and  the  young 
attorney  need  not  fear  to  meet  with  any  over- 
Avhelming  superiority,  either  in  the  opposing  coun- 
sel or  upon  the  bench.  A  Webster  and  a  Wirt 
belong  to  a  more  advanced  state  of  society.  Such 
was  the  field  open  to  attorney  Jackson. 

It  may  be  set  down  as  almost  a  miracle,  that  he 
found  no  lawyer  setded  in  Nashville,  where  he 
first  set  up  his  staff  of  rest.  Consequently  he  was 
welcomed  with  a  shower  of  briefs,  and  the  very 
morning  succeeding  his  arrival  he  issued  no  less 
than  seventy  writs.  His  presence  soon  became  a 
terror  to  the  debtors  in  the  place,  of  whom  the 
number  was  not  small,  and  he  was  consequently 
involved  in  a  great  many  broils,  through  which  his 
native  energy  carried  him  with  more  credit  to  his 
courage  than  to  his  discretion. 

In  1789,  Mr.  Jackson  formed  an  acquaintance 
that  was  to  have  a  powerful  influence  on  his  future 
reputation  and  happiness.  We  would  fain  pass 
over  this  matter  in  silence,  in  mercy  to  him,  as 
major  Eaton  has  done,  were  it  consistent  with  the 
duty  of  a  biographer.  As  it  is,  we  shall  merely 
detail  the  facts  relating  to  this  connexion,  without 
comment.'^ 

Lewis  Robards  and  his  w^ife  boarded  in  the 
same  house  with  Mr.  Jackson.  He  was  a  man  of 
irregular  habits  and  harsh,  jealous  temper,  of  which 
his  wife  frequently  felt  the  efl^ects.  They  lived 
together  very  unhappily,  and  had  at  one  time  been 
separated,  on  account  of  her  intimacy,  which  her 
husband  supposed  to  have  been  carried  beyond 
proper  bounds,  with    a  third  person,   whom  it  is 

*See  judge  Overton's  letters,  and  the  records  of  the 
legislature  of  Virginia. 


10  LIFE    OF    JACKSON. 

unnecessary  to  name.  This  breach  was  made  up 
by  the  intervention  of  judge  Overton,  and  they 
were  living  together  on  apparently  amicable  terms 
when  Mr.  Jackson  became  acquainted  with  them. 
His  intimacy  with  Mrs.  Robards  gave  offence  to 
her  husband,  who  made  his  discontent  known  to 
many.  His  complaints  at  last  reached  the  ears  of 
Mr.  Jackson,  who  quarrelled  with  him  and  left  the 
house  to  board  elsewhere.  A  personal  combat 
was  the  consequence,  and  Mr.  Robards  bound  our 
hero  over  to  keep  the  peace. 

Mr.  Robards  remained  with  his  spouse  several 
months,  and  finally  left  Nashville  in  company  w^ith 
a  j\Ir.  Crutcher,  to  go  to  Kentucky.  On  his  way 
thither,  he  expressed  to  Mr.  Crutcher  his  determi- 
nation to  remove  his  wife  to  Kentucky,  as  he  was 
determined  not  to  dwell  in  Tennessee.  Notice  of 
this  his  resolution  reached  Nashville  soon  after, 
on  which  Mr.  Jackson  said  to  judge  Overton,  that 
*he  was  the  most  unhappy  of  men,  in  having  been 
innocently  and  unintentionally  the  cause  of  the  loss 
of  the  peace  and  liappiness  of  Mrs.  Robards,  whom 
he  believed  to  be  a  fine  woman.' 

This  fine  woman,  on  hearing  of  her  husband's 
intention,  resolv^ed  to  flee  to  Natches  to  get  out  of 
his  way,  and  Mr.  Jackson  went  with  her,  '  to  pro- 
tect her  from  the  Indians.'  On  hearing  of  her 
evasion,  IMr.  Robards  petitioned  the  legislature  of 
Virginia  for  a  divorce ;  which,  however,  he  did 
not  immediately  obtain.  Yet  on  the  supposition 
that  the  petition  had  been  successful,  Mr.  Jackson 
returned  to  Natches,  and  brought  Mrs.  Robards 
back  with  him  as  his  wife.  The  decree  for  the 
divorce  was  not  pronounced  till  two  years  after, 
when  a  second   marriage  took  place  between  Mr. 


■^  LIFE    OF    JACKSON.  11 

Jackson  and  Mrs.  Robards.  The  union  thus 
formed,  continued  thirty-nine  years,  cemented  by 
the  unabated  affection  of  both  parties.  Of  the 
propriety  of  its  commencement  we  give  no  opin- 
ion ;  the  subject  has  been  long  before  the  public 
in  every  point  of  view.  It  is  painful  to  be  obh'ged 
to  mention  it  at  all,  and  we  take  leave  of  it  with  joy. 
Mr.  Jackson  became  a  leading  man  among  the 
then  pioneers  of  Tennessee.  His  knowledge,  small 
or  great,  gave  him  an  elevation  he  would  scarcely 
have  attained  in  a  more  enlightened  community, 
Tennessee,  lately  admitted  into  the  Union  as  a 
State,  felt  the  want  of  a  constitution  and  form 
of  government,  and  a  convention  assembled  to 
frame  these  instruments.  Mr.  Jackson  was  chosen 
a  member,  and  ranged  himself  in  the  ranks  of 
aristocracy.  We  should  scarcely  mention  his  ef- 
forts on  this  occasion,  were  they  not  in  direct 
opposition  to  the  supposed  principles  of  his  admin- 
istration. He  might,  and  probably  did  act  con- 
scientiously ;  but  it  is  certain,  that  had  his  political 
opinions  remained  unchanged  and  been  generally 
known,  some  who  lately  voted  for  him,  would  have 
been  pre-eminently  zealous  in  opposition  to  his 
appointment.  The  great  body  of  those,  who,  in 
1829,  cried  *  Hurrah  for  Jackson,'  little  thought 
that  his  first  political  efforts  were  intended  to  over- 
throw their  standing  as  members  of  the  body^ 
politic.  He  opposed  the  principles  of  universal 
suffrage  and  equal  rights.  He  was  one  of  the 
framers  of  the  law  that  allows  the  rich  man  a  vote 
in  every  county  in  which  he  may  own  a  certain 
quantity  of  land,  and  confines  the  poor  man  to  a 
single  vote  in  the  county  in  which  he  resides.  He 
approved  and  advocated  the  bill  recommending  the 


12  LIFi:    OF    JACKSON. 

exclusion  from  the  legislature,  of  every  man  who 
did  not  possess  two  hundred  acres  of  land  in  his 
own  right.  He  was  one  of  a  committee,  that 
proposed  the  following  article,  as  a  part  of  the 
constitution  of  the  new  State,  which  estabhshes 
one  of  the  points  above  mentioned. 

*  All  freemen,  of  the  age  of  twenty-one  years  and 
upwards,  possessing  a  freehold  in  the  county  lohere 
he  juay  offer  to  vote,  and  being  inhabitants  of  this 
State  ;  and  all  freemen  who  have  been  inhabitants 
of  any  one  county  within  the  State,  six  months  im- 
mediately preceding  the  day  of  election,  shall  be 
entitled  to  a  vote  for  members  of  the  general  assem- 
bly, for  the  county  in  which  they  shall  respectively 
reside.' 

Seven  days  after,  a  member  of  the   convention 
moved,  '  That  no  person  shall  be  eligible  to  a  seat 
in  the  general  assembly,  unless  he  has  resided  three 
years  in  the  State  and  one  in  the  county,  imme- 
diately preceding  the  election,  and   shall  possess, 
in  his  own  right,  in  the  county  which  he  represents, 
not  less  than  two  hundred   acres   of  land.'     This 
motion  was  seconded  by  Mr.  Jackson,  and  passed. 
We  do  no  pretend  to  decide  whether  the  principles 
he  thus  advocated  were  right  or  wrong,  but  merely 
to  show  that  his  political    opinions  have   greatly 
changed.       His  conduct  in   the  convention    was, 
nevertheless,  approved  by  the  citizens  of  Tennes- 
.^^see,  who  elected  him  to  represent  them  in  Congress, 
y        His  character  about  this  time  may  be  given  in 
'     few  words,  as  it  appears  from  his  words  and  deeds. 
He  was  a  man  of  violent  temper,  little  knowledge, 
much  pride,  great  energy,  untiring  perseverance, 
and  unshaken  courage,  physical  and   moral.     His 
claim  to  the  latter  attribute  is  proved  by  the  public 


LIFE    OF    JACKSOxN'.  13 

expression  of  his  opinion  of  general  Washington, 
which  would  have  blasted  the  prospects  of  a  more 
prominent  politician.  It  is  the  only  part  of  his 
conduct  while  a  representative  that  merits  notice, 
and  the  only  one  of  his  votes  that  attracted  atten- 
tion. General  Washington,  it  will  be  remembered, 
was  about  to  retire  from  his  high  station,  and  a 
committee,  of  which  James  Madison  was  a  mem- 
ber, drew  up  an  address  to  him,  in  which  his  wis- 
dom, firmness,  and  other  eminent  qualities,  were 
eulogised  in  the  highest  terms.  jMr.  Giles  of 
Virginia,  moved  to  expunge  all  expressions  of  re- 
spect, as  he  wished  him  to  retire,  and  thought 
that  the  time  for  him  to  do  so  had  arrived.  This 
motion,  so  repugnant  to  the  feelings  of  all  unpreju- 
diced men,  had  the  support  of  Mr.  Jackson. 
Excepting  this  expression  of  his  dislike  to  the 
father  of  his  country,  he  took  small  pai't  in  the 
business  of  the  legislature. 


CHAPTER  II. 

Mr.  Jaduoa's  appointment  to  the  Senate.  His  resignation.  He  i^ 
elected  a  Judge  of  the  Supreme  Court  of  Tennessee.  HU  resig 
Batkn.  Duel  witfa  Dickeison.  Hi^  connexion  with  Aaron  Borr 
Negro  tradmg-.  Mr.  Jackson^  ronduct  as  a  lawyer  arid  land 
specolater. 

In  Tennessee,  Mr.  Jackson's  popularity  stil)  in 
creased,  and  in  1797  he  was  elected  a  senator  in 
Congress.  His  vote  for  a  repeal  of  the  alien  law 
was  his  only  official  act  of  note  while  he  filled  this 
station.*  He  retired  from  the  Senate  chamber 
before  the  session  was  over^  to  attend  to  his  private 
bu.siness,  and  on  his  return  to  Tennessee,  was  ap- 
pointed major-general  of  the  militia  of  that  State. 
To  avoid  repetition,  it  rnay  be  well  to  observe  here, 
that  he  continued  to  hold  his  commission  till  the 
year  1814.  Immediately  after  receiving  this  ap- 
pointment, he  performed  one  of  the  most  judicious 
acts  of  his  life,  and  at  the  same  time  gave  the 
citizens  of  Tennessee  reason  to  think  of  him  with 
gratitude  and  esteem.  Taking  a  retrospective  view 
of  his  political  career,  he  found  no  cause  for  self- 
gratulaiion,  and  became  convinced  of  his  inca- 
pacity to  discharge  the  high  trust  confided  to  him.f 
He  therefore  resigned  his  seat  in  the  senate,  with 

*  See  State  Fapere  t  Eaton's  Life. 


LIFE    OF    J^CKSOX.  1-5 

a  public  acknowledjemeni  of  his  incompeieocy, 
aod  made  way  for  general  Smith,  whom  he  jusdy 
esteemed  a  wiser  maa  ihan  himself.  This  cooduci, 
we  opine,  was  highly  honorable  to  him.  for  self- 
knowledge  is  what  rery  few  meo  hare  ever  beea 
able  to  acquire,  and  seif-humiliatioo  requires  an 
almost  more  than  human  ettbrt  of  the  mind.  While 
we  resnret  that  in  a  similar  situatioo  he  has  acted 
in  a  diiierent  manner,  we  cannot  but  award  him 
the  hii:hest  encomiums  for  his  sin^ar  modestr  in 
his  earlier  years. 

His  consiiments'  opinion  of  his  moral  worth  was 
exalted  by  this  instance  of  sell'-denial.  and  they 
proved  their  esteem  by  appoinrinj  him  a  judp?  of  the 
supreme  court  of  the  State.*  The  vain  breath  of 
popular  clamor  had  not  then  awakened  the  dormant 
spark  of  vanity  in  his  bosom,  and  he  was  sensibfy 
alive  to  the  dimculties  of  his  station.  We  have 
it  on  the  authority  of  his  most  intimate  friend,  that 
he  took  possession  of  his  seat  on  the  bench  with 
extreme  relucrance,  bein^  fully  aware  of  his  want 
of  le2:al  knowIedg:e,  and  much  fearin*  to  do  gresLt 
public  injur}-  by  his  decisions.  His  subsequent 
notions  touching  the  rights  of  his  fellow  creatures, 
and  his  opinions  on  questions  of  great  impon  ba\-e 
proved  that  his  fear?  \i>-ere  not  ill-tbunded.  Becom- 
ins:  daily  more  certain  that  the  bench  of  the  si':^!>?me 
court  was  not  his  proper  seat,  he  resic'  ::t 

it  open  to  others  better  qualided.     He  a 

plantation  about  ten  miles  iVom  Nashville,  to  eDJoy 
the  fruits  of  his  honest  industry,  and  the  proud 
consciousness  of  having;  acted  risiht.  For  several 
years  nothing;  occurred  to  interrupt  his  repose . 


16  LIFE    OF    JACKSON. 

What  are  called  the  laws  of  honor  are  more 
rigidly  observed  in  the  West  than  here,  and  though 
the  practice  of  duelling  can  never  have  the  sanction 
of  good  men,  yet  in  particular  situations  many 
circumstances  may  palliate  its  turpitude.  An  indi- 
vidual only  yields  his  right  of  self-redress  for  the 
benefit  of  society,  on  condition  that  the  laws  shall 
protect  him  when  attacked.  But  where  the  state 
of  manners  and  morals  is  such  that  a  man  is  shut 
out  from  society  for  suffering  an  insult  to  pass 
unavenged,  the  law  can  afford  him  no  compensa- 
tion for  the  injury ;  and  it  has  been  alleged  that 
he  may  defend  his  honor,  or,  in  other  words,  his 
worldly  reputation,  with  as  much  propriety  as  he 
may  defend  his  purse  and  life  against  a  highwayman. 
But  this  excuse  can  never  serve  the  aggressor,  or 
him  who  puts  Ivimself  in  the  way  of  a  quarrel. 
Whether  this  reasoning  be  just  or  not  we  leave  to 
better  casuists  to  decide,  but  certain  it  is  that  in 
the  West,  a  man  who  declines  revenging  an  affront, 
puts  himself  into  the  condition  of  an  outcast.  These 
remarks  are  drawn  from  us  by  a  duel  that  took 
place  between  judge  Jackson  and  a  Mr.  Dickenson, 
in  1806,  in  which  the  former,  if  he  gave  evidence 
of  a  high  sense  of  honor,  did  not  show  much  dignity 
or  command  of  temper. 

Mr.  Dickenson  was  a  promising  young  gentle- 
man, much  respected  by  the  community.  He  was 
much  addicted  to  horse-racing,  as  was  judge  Jack- 
son ;  and  the  controversy  giew  out  of  a  match 
between  them  for  five  thousana  dollars.  Mr.  Dick- 
enson lost  the  race  and  his  temper  together,  and 
declared  before  the  assembled  multitude,  that  judge 
Jackson's  rider  had  conducted  unfairly.  The 
judge,  as  sudden  and  quick  in  quarrel  as  the  other, 


LIFE    OF    JACKSON.  17 

on  hearing  this  charge,  declared  that  if  any  one 
accused  his  rider  of  foul  play,  he  would  make  it  a 
personal  affair.  Dickenson  replied,  that  as  he  had 
never  known  his  servant  to  be  guilty  of  an  untruth 
he  must  believe  him  on  this  occasion.  Both  were 
now  highly  excited,  and  an  altercation  ensued,  in 
which  decorum  was  slightly  regarded,  and  which 
brought  Dickenson  a  challenge  from  judge  Jackson. 
It  was  accepted. 

They  met,  and  it  was  agreed  that  they  should 
fight  with  pistols,  at  the  distance  of  ten  paces. 
The  word  was  given,  and  the  duellists  both  drew 
their  triggers  at  the  same  instant.  Dickenson's 
bullet  grazed  Jackson's  body  without  doing  him 
any  injury.  Jackson's  pistol  missed  fire ;  and  now, 
as  he  had  had  time  to  reflect,  and  had  given  suffi- 
cient proof  of  his  firmness,  and  as  his  life  was  in 
no  farther  danger,  he  would  have  done  well  to 
■wave  his  right  to  fire.  But  no  such  consideration 
withheld  his  hand.  While  Dickenson  stood  silently- 
waiting  the  result,  Jackson  coolly  cocked  his  pistol, 
took  deliberate  aim,  and  shot  him  dead. 

This  action  excited  the  public  indignation  against 
judge  Jackson,  and  his  subsequent  conduct  was 
still  more  reprehensible.  The  death  of  his  victim 
awakened  general  sorrow,  and  his  memory  was 
honored  with  testimonials  of  the  respect  of  his 
fellow-citizens.  Several  of  the  inhabitants  of  the 
town  requested  the  editor  of  the  Nashville  Review 
to  dress  the  columns  of  his  paper  in  mourning ; 
but  judge  Jackson  interfered  to  prevent  it,  and 
menaced  those  who  had  suggested  the  measure 
with  his  displeasure.  This  induced  them  to  with- 
draw their  request.  It  must  be  owned  that  this 
extension  of  enmity  beyond  the  grave  does  our  hero 


18  LIFE    OF    JACKSON. 

110  honor,  and  we  see  that  his  admiring  biographers 
have  passed  the  whole  affair  over  in  silence.  So 
will  not  we;  we  begun  with  the  intention  of  telling 
the  trudi,  and  we  intend  to  tell  the  whole  truth. 

In  the  winter  of  this  year,  judge  Jackson  formed 
an  acquaintance  that  has  since  subjected  him  to 
strong  suspicion.  It  was  with  the  famous  conspira- 
tor, Aaron  Burr.  During  the  late  electioneering 
campaign,  the  circumstances  of  this  intimacy  were 
partly  brought  to  light,  and  an  attempt  was  made 
to  prove  Jackson  to  have  been  Burr's  accomplice. 
We  give  no  opinion  on  the  subject,  but  content 
ourselves  with  relating  such  facts,  as  have  been 
established  by  unquestionable  evidence. 

Aaron  Burr  traversed  the  Western  country  in 
the  summer  of  1805,  and  had  interviews  with  the 
principal  men,  general  Wilkinson  and  others.  He 
left  Philadelphia  in  August  the  next  year,  and  pro- 
ceeded to  Blannerhassett's  Island,  in  the  Ohio. 
Whilst  he  remained  there,  a  series',  of  very  able 
essays  appeared  in  one  of  the  newspapers,  under 
the  signature  of  '  Querist.'  In  these  papers,  it 
was  intimated  that  a  plan  was  in  operation  to  divide 
the  Union,  and  the  propriety  of  the  measure  was 
fearlessly  discussed.  The  alarm  spread  like  wild- 
fire, and  Burr  immediately  became  an  object  of 
doubt  and  terror.  We  believe  the  man  who  did 
this  good  service  to  his  country,  was  general* 
Street,  lately  appointed  an  Indian  agent  by  presi- 
dent Adams. 

Before  the  month  expired,  Burr  proceeded  to 
Kentucky,  and,  it  is  said,  to  Tennessee.  On  the 
5th  of  November,  he  was  presented  to  the  grand 
jury  at  Lexington  ;  but  they  could  not  find  a  bill. 
In  the    interim,    Mr.   Jackson  became    aware  of 


LIFE    OF    JACKSON.  19 

Burr's  character  and  designs,  and  wrote  a  letter  to 
governor  Claiborne  of  New  Orleans.*  The  lan- 
guage of  this  document  was  very  ambiguous,  much 
like  that  used  by  the  gunpowder-plot  conspirator  to 
lord  Mounteagk.  It  warned  Claiborne  of  danger 
from  a  quarter  whence  it  could  not  be  expected, 
cautioned  him  to  beware  of  general  Wilkinson, 
and  advised  him  to  put  New  Orleans  in  a  state  of 
defence.  Treachery,  it  said,  was  become  the 
order  of  the  day.  This  letter  was  in  strict  confi- 
dence. While  our  hero  gave  governor  Claiborne 
these  vague  hints,  he  did  not  think  it  necessary  to 
inform  the  president  of  his  apprehensions. 

In  November,  Burr  was  prosecuted  again,  but 
was  acquitted  early  in  December.  On  the  14th 
of  the  month  he  repaired  to  Mr.  Jackson's  house, 
where  he  was  hospitably  received  and  counte- 
nanced. Burr  began  to  build  boats  for  his  de- 
scent to  New  Orleans;  and  it  has  been  openly 
asserted  in  the  '  Natches  Ai'iel,'  that  Mr.  Jackson 
aided  him  with  his  purse.  The  editor  of  the  said 
paper  published  the  following  paragraphs  in  relation 
to  the  subject. 

*  There  is,  or  ought  to  be,  in  this  city,  an  account 
current  between  the  general  (Jackson)  and  the  colonel 
(Burr)  showing  the  disbursement  of  large  sums,  and 
exhibiting  a  balance  there  due  the  colonel  of  two 
thousand  dollars,  or  upwards. 

'  We  distinctly  recollect  that  an  attorney,  (since 
dead)  the  late  Jonathan  Thompson,  was  employed 
to  bring  suit  against  the  general,  on  this  account, 
when  he  (the  general)  was  here  in  1813,  in  com- 
mand of  the  Tennessee  volunteers.  We  also  know 
a  report  was  then  current,  that  general  Jackson  had 

*  The  letter  has  been  published. 


20  LIFE    OF    JACKSON. 

threatened  '  to  hang  the  attorney  to  the  first  tree,  or 
highest  tree,'  if  he  attempted  to  arrest  him  on  that 
account.  We  do  not  pretend  to  vouch  for  the  accu- 
racy of  this  report,  but  we  do  know  the  friends  of  the 
attorney  were  in  the  habit  of  quizzing  him  on  this 
subject  for  some  time  after  the  general  left  this. 

'  If  we  are  not  mistaken,  this  account  current  was 
rendered,  and  the  balance  struck  before  colonel  Burr 
left  the  mouth  of  Cumberland  river.  After  the 
scheme  of  the  colonel  proved  abortive,  the  claim  for 
the  balance  due  by  general  Jackson  was  transferred 
by  colonel  Burr  to  H.  Blannerhasset.  Mr.  Blanner- 
hasset  placed  the  claim  in  the  hands  of  Mr.  Thompson 
for  collection.  General  Jackson's  oifset  was,  that  a 
bill  or  bills  of  exchange,  drawn  by  Burr  on  his  son- 
in-law,  Mr.  Allston,  had  been  protested  for  non- 
payment, and  that  he,  general  Jackson,  had  to  pro- 
vide for  them  as  endorser.  It  has  always  been 
supposed  that  general  Jackson's  fortune  was  impaired 
by  his  connexion  with  Burr.  How  far  that  con- 
nexion was  criminal,  we  will  not  pretend  to  say. 
The  general's  biographer  is  silent  on  this  subject. 
But  we  have  not  a  doubt  large  sums  of  colonel  Burr's 
money  did  pass  through  general  Jackson's  hands, 
and  at  the  period  too  when  colonel  Burr  was  in  the 
western  country,  organizing  a  few  '  choice  spirits 
tired  of  the  dull  pur siiits  of  civil  life,'  for  some  pur- 
pose— what  it  was,  we  know  not.  We  are  unwilling 
to  make  any  charge  against  general  Jackson  that  is 
not  fully  sustained  by  facts  and  evidence.  We  give 
our  impression  of  the  connexion  with  Burr,  as  derived 
from  surmises  current  here  at  the  period  to  which 
we  have  referred,  namely,  the  winter  and  spring  of 
1813.' 

This  statement  of  the  Ariel  is  confirmed  by  the 
evidence  of  general  Coffee,  who  in  1813  was  sum- 
moned as  a  witness  in  a  suit  brought  by  Blanner- 


LIFE    OF    JACKSON.  21 

nasset  against  Mr.  Jackson,  as  the  trustee  of  Burr, 
General  Coffee  swore,  that  Burr  advanced  Mr. 
Jackson  upwards  of  three  thousand  dollars  at  one 
tinne,  to  defray  the  expenses  of  the  expedition. 
Moreover,  the  account  current  in  Mr.  Jackson's 
hand-writing  was  produced  in  court.  We  leave 
our  readers  to  make  their  own  comments  on  the 
matters-of-fact  and  the  surmises  published  by  the 
editor  of  the  Ariel,  and  turn  to  the  testimony  of 
judge  Nathaniel  Williams  of  Tennessee. 

This  gentleman  asserts  positively,  and  from  his 
own  knowledge,  that  Jackson  and  Burr  were  on  the 
most  intimate  terms,  while  the  latter  was  engaged 
in  his  treasonable  practices.  He  says,  that  Mr. 
Jackson  was  aware  of  a  plot  to  divide  the  Union, 
and  publicly  proclaimed  it  in  his  presence.  He 
affirms,  that  Mr.  Jackson  encouraged  him  to  accept 
a  commission  in  Burr's  army.  Judge  Williams  is  a 
man  of  known  honor  and  integrity,  and  has  attained 
a  high  and  responsible  standing  in  Tennessee. 
This  disclosure  had  like  to  have  cost  him  dear. 
Afterwards,  in  1828,  he  was  insulted  and  threat- 
ened with  death  on  the  judgment-seat  of  his  own 
court  at  Winchester  in  Tennessee,  by  a  mob  of  the 
Jackson  party,  led  on  by  one  Isaacks,  a  member 
of  congress. 

To  resume  the  thread  of  our  narrative.  On  the 
14th  of  December,  Colonel  Burr  took  leave  of 
Mr.  Jackson,  and  descended  the  river.  Then,  and 
not  till  then,  di.d  Mr.  Jackson  despatch  the  letter 
above  mentioned  to  governor  Claiborne,  by  the 
hands  of  Mr.  S.  Hayes,  his  nephew,  who  accom- 
panied Burr  as  an  aid,  or  member  of  his  family. 
This  person  told  a  gentleman  with  whom  he  had 
an  interview  on  the  river,  that  he  was  not  abso- 


\ 


22  LIFE    OF    JACKSON. 

lutely  engaged  with  Burr,  and  that  his  course 
would  be  determined  by  governor  Claiborne's  £^ 
vice,  when  he  should  have  perused  the  letter.    * 

Here  ends  the  chain  of  evidence  brought  against 
Mr.  Jackson.  His  friends  plead,  that  he  was 
deceived  by  Burr,  and  believed  the  expedition 
designed  to  act  against  Spain.  Let  our  readers 
judge  for  themselves. 

We  are  not  aware  what  were  Mr.  Jackson's 
pursuits  or  avocations  in  the  five  years  immediately 
succeeding.  Perhaps  the  following  anecdote  will 
throw  some  light  on  their  nature. 

In  1811,  the  trade  in  human  flesh  being  brisk  in 
Tennessee,  Mr.  Jackson  thought  the  time  favorable 
to  employ  his  superfluous  funds  to  advantage.  He 
accordingly  repaired  to  Bayou  Pierre,  and  pur- 
chased a  drove  of  slaves,  with  which  he  started  for 
Tennessee.  He  was  obliged  to  pass  through  the 
Choctaw  country,  contrary  to  an  order  of  the  war 
department.  When  he  arrived  at  the  agency-house 
the  agent  was  absent,  but  had  left  a  substitute, 
duly  authorized  to  require  the  passports  of  travel- 
lers. After  Mr.  Jackson  had  refreshed  himself 
and  his  cattle,  he  was  about  to  depart,  when  the 
person  above  mentioned  desired  to  see  his  pass- 
port. He  replied,  that  *  general  Jackson  needed 
no  passport  to  travel  through  the  Indian  country.' 
The  deputy  rejoined  that  he  did  not  know  general 
Jackson  from  another,  and  that  his  duty  was  im- 
perative. With  that  our  hero,  laying  his  hand  on  a 
pistol,  significantly  said,  '  these  are  general  Jack- 
son's passports.'  The  young  man  was  intimidated, 
and  suffered  the  traveller  to  pass  without  further 
question."^ 

*  See  the  letters  of  Messrs.  Dinsmore  and  Mcllhenny, 


LIFE    OF   JACKSON.  23 

Mr.  Jackson  had  previously  engaged  in  several 
other  speculations  of  the  same  kind,  as  has  been 
proved  by  the  testimony  of  several  persons,  whose 
names  we  could  give  were  It  necessary. 

Mr.  DInsmore  did  otherwise  excite  the  dis- 
pleasure of  our  hero  and  other  slave-drovers  in  a 
way  which  procured  him  a  vote  of  thanks  from  the 
legislature  of  Mississippi.  The  manner  of  his 
olFending  may  be  learned  from  a  letter  which  we 
give  in  the  appendix,  verbatim,  literatim,  et  punc- 
tuatim.  It  was  written  as  a  formal  remonstrance  to 
Government,  and  presented  as  such  to  the  secretary 
at  war,  who  placed  it  on  the  files  of  the  war  depart- 
ment, where  it  remains  to  this  day."" 

From  that  time  till  the  declaration  of  war  against 
Great  Britain,  judge,  or  more  properly  general 
Jackson,  remained  in  obscurity.  The  day  came 
at  last  which  was  to  rouse  Mr.  Jackson  from  his 
repose,  and  set  the  best  and  worst  traits  of  his 
character  before  the  world  in  the  strongest  light. 
It  will  be  remembered,  that  an  act  of  congress, 
passed  in  February,  1812,  authorized  president 
Madison  to  accept  the  services  of  fifty  thousand 
volunteers,  and  general  Jackson  saw  in  this  law  a 
way  to  make  himself  useful  to  his  country.  He 
addressed  the  militia  subject  to  his  orders,  and  the 
appeal  to  their  patriotism  was  promptly  answered. 
Twenty-five  hundred  brave  men  placed  themselves 
at  his  command,  armed  and  equipped  for  war,  and 
being  duly  authorized,  he  assembled  them  at  Nash- 
ville in  December.  The  weather,  for  that  latitude, 
was  very  severe,  and  the  earth  was  clad  in  white ; 
but  the  hardy  backwoodsmen  bore  their  hardships 
as  patiently  as  the  trees  of  their  native  forests. 
They  descended    the   Mississippi    in  January,  in 


24 


LIFE    OF    JACKSON. 


spite  of  cold  and  ice,  to  Natches.  Much  Jjonor  is 
due  to  tiieir  chief  for  his  exertions  to  preserve  their 
ardor  unabated,  and  his  endeavors  to  establish  dis- 
cipline among  them.  But  as  there  was  no  appear- 
ance of  war  in  the  southwest,  their  services  were 
not  needed,  and  general  Jackson  received  an  order 
from  the  secretary  of  war  to  disband  his  troops, 
and  deliver  the  public  property  in  his  possession  to 
general  Wilkinson.  This  order  general  Jackson 
thought  fit  to  disobey,  contrary  to  the  advice  of 
his  field  officers ;  thus  committing  a  great  military 
crime,  and  setting  a  most  pernicious  example. 
The  remonstrance  of  general  Wilkinson  was  of  no 
avail,  and  he  declared  himself  ready  and  willing  to 
abide  by  the  consequences.  In  spite  of  all  oppo- 
sition (and  he  had  much  to  contend  with),  he  broke 
up  his  camp,  and  marched  his  troops  homeward 
through  the  forests,  sharing  their  hardships,  and 
setting  them  an  example  of  patience  and  perseve- 
rance,* that  we  could  not  praise  too  much,  had  his 
exertions  been  in  a  good  cause.  At  the  close  of 
the  march,  he  disbanded  his  men,  who  returned  to 
their  respective  homes.  In  a  letter  to  the  secre- 
tary at  war,  he  attempted  to  justify  his  conduct 
by  stating,  that  had  he  dismissed  his  forces  on 
receiving  the  order,  the  sick  would  have  suffered 
and  many  would  have  been  compelled  by  want  to 
enlist  in  the  regular  service.  In  fine,  his  conduct 
was  approved,  and  the  expenses  incurred  were 
paid  by  Government. 

We  here  see  the  first  example  of  that  contempt  of 
lawful  authority,  and  that  unconquerable  obstinacy, 
which  have  been  the  most  prominent  characteristics 


*  See  all  the  public  prints. 


LIFE    OF    JACKSON.  25 

of  the  man  ever  since.  No  circumstances  can 
justify  any  officer  in  disobeying  his  orders,  unless 
they  militate  against  the  laws,  his  honor,  or  his 
conscience.  Least  of  all  is  such  a  course  par- 
donable in  a  commander-in-chief,  on  whom  it  is 
incumbent  to  set  a  better  example.  We  do  not 
hesitate  to  say,  that  had  general  Jackson  been  shot 
for  this  mutiny,  by  the  sentence  of  a  court-martial, 
the  punishment  had  not  been  disproportionate  to 
the  offence  :  many  a  private  has  suffered  death  for 
a  less  thing. 

We  imagine  we  hear  our  readers  say,  *  What, 
nothing  but  a  catalogue  of  offences  !  Has  this  man 
never  done  any  praiseworthy  action  ?'  Perhaps  we 
shall  come,  in  time,  to  some  deed  we  can  commend 
with  a  good  conscience ;  as  yet  we  have  seen  little. 
We  know  little  of  Mr.  Jackson's  private  life,  and 
can  only  judge  him  by  well  attested  facts  which 
have  been  published.  We  have  collated  and  com- 
pared the  matters  adduced  by  his  friends  and  foes 
alike ;  we  can  truly  say,  that  we  have  endeavored 
to  come  at  the  strict  truth,  and  if  that  is  not  to  his 
honor,  we  are  grieved.  We  now  come  to  another 
transaction,  in  which  he  had  a  share.  To  avoid 
confusion,  we  must  first  go  back  to  its  commence- 
ment. 

Previous  to  the  year  1800,  one  David  Allison  gave 
a  mortgage  deed  for  eighty-five  thousand  acres  of 
land  in  Tennessee  to  Norton  Pryor  of  Philadelphia, 
to  secure  the  payment  of  a  large  sum  due  the  said 
Pryor.  Pryor  made  a  bargain  with  a  Mr.  Ander- 
son, whereby  the  latter  became  bound,  in  case  the 
said  land  should  be  exposed  for  sale,  to  purchase 
it,  for  the  benefit  of  both  parties.  In  1806,  An- 
derson entered  into  an  agreement  with  Mr.  Jackson 


26  LIFE    OF    JACKSON. 

to  the  following  effect.  '  Whereas  Joseph  Ander- 
son hath  made  an  agreement  with  Norton  Pryor  to 
cause  to  be  foreclosed  the  equity  of  redemption 
upon  a  mortgage,  &tc.  the  said  Anderson  doth  agree 
to  let  the  said  Jackson  have  the  fourth  of  the  said 
half  of  the  eighty-five  thousand  acres,  upon  the 
terms  which  the  said  Anderson  is  to  have  it  from 
said  Pryor. '^  On  this  condition  Anderson  was  to 
have  the  benefit  of  Mr.  Jackson's  professional 
exertions.  Be  it  said  in  passing,  that  in  Massa- 
chusetts, our  hero's  part  of  the  bargain  would  be 
called  barratry,  and  subject  him  to  prosecution. 

On  Mr.  Jackson's  application,  the  land  was  sold, 
and  came  into  the  hands  of  the  parties  concerned 
for  less  than  a  tenth  of  its  value.  Mr.  Jackson 
received  his  part. 

In  1806-7,  several  persons  bought  the  land  of 
Pryor  and  Anderson.  Some  of  these  were  assured 
by  Mr.  Jackson,  that  the  title  was  perfectly  good 
in  law.  After  the  purchasers  had  been  in  pos- 
session several  years,  Mr.  Jackson  made  a  second 
purchase  of  the  same  lands  of  the  heirs  of  Allison. 
It  is  said  in  his  justification  that  Allison  died  in  his 
debt.  Whether  that  fact  can  excuse  him  for  an 
attempt  to  dispossess  those  who  had  bought  on  the 
guarantee  of  his  legal  opinion,  to  the  prejudice  of 
those  for  whom  he  had  acquired  the  property  in 
the  character  of  their  attorney,  we  leave  to  those 
better  versed  in  ethics  and  law  than  we  can  pretend, 
to  be.  The  facts  remain  the  same.  Mr.  Jackson 
paid  Allison's  heirs  five  hundred  dollars  in  hand, 
quitted  claim  for  the  sums  due  him,  and  received 
from  them  a  conveyance  of  their  right  to  the  land. 

*  See  the  record. 


LIFE    OF    JACKSON. 


27 


Being  obliged  to  descend  to  Nashville  with  the 
army,  as  before  mentioned,  Mr.  Jackson  was  unable 
to  pursue  his  claims  in  person,  and  therefore  formed 
a  partnership  with  two  persons,  namely,  James 
Jackson  and  Jenkin  Whiteside.  The  terms  of  the 
bargain  were  these ;  '  Andrew  Jackson  covenants 
with  James  Jackson  and  Jenkin  Whiteside  to  convey 
one  third  of  all  the  lands,  land  warrants,  he.  that  may 
be  secured,  recovered,  and  redeemed,  to  the  said  J. 
Jackson,  and  another  third  to  said  Jenkin  Whiteside.' 
The  ground  assumed  by  Mr.  Jackson  to  invalidate 
the  title  of  those  who  had  purchased  from  Pryor  and 
Anderson  was,  that  he  had  discovered  that  no  legal 
process  could  authorize  a  sale  of  lands  to  which 
the  Indians  had  not  quitted  claim,  or  made  when 
neither  of  the  parties  lived  in  the  State,  though  such 
lands  might  have  been  granted,  and  were  within 
the  chartered  Hmits  of  a  State.  We  confide  im- 
plicitly in  the  soundness  of  this  doctrine  as  far  as 
it  concerns  the  Indians.  We  w'ish,  for  the  honor 
of  our  hero,  that  he  had  made  the  discovery  in 
time  to  act  the  part  of  a  faithful  agent  for  Pryor 
and  Anderson,  and  of  an  upright  counsellor  to  those 
who  asked  his  advice  before  purchasing.  We  wish 
he  had  retained  his  opinion  touching  the  title  to 
Indian  lands  to  this  day.  It  would  have  been 
better  for  our  country,  and  for  the  Creeks  and 
Cherokees. 

Whiteside  and  J.  Jackson  commenced  suils 
against  the  occupants  for  the  recovery  of  the  land. 
They  were  in  number  about  a  hundred,  fathers  of 
families  and  others.  We  cannot  say  that  all  of 
them  were  brought  into  this  dilemma  by  Mr.  Jack- 
son, though  if  we  did,  we  believe  we  should  not 
exceed  the  truth.     We  do  not  know  that  all  of 


28  LIFE    OF    JACKSON. 

them  consulted  him  respecting  the  title,  but  it  is 
probable  those  who  did  advised  the  rest  of  his 
opinion.  However  James  Jackson  and  Whiteside 
were  not  at  first  successful,  nor  was  the  business 
finally  concluded  till  1822.  Not  to  interrupt  our 
narrative,  we  will  make  an  end  of  the  subject  here. 
Whiteside  compromised  with  the  occupants  for  a 
thousand  dollars,  and  Mr.  Jackson  relinquished  his 
claim  for  ten  thousand  more.* 

The  business  may  be  summed  in  few  words. 
John  Doe  employs  Richard  Roe  to  recover  a  large 
tract  of  land,  and  pays  him  a  very  large  fee.  Roe 
succeeds  in  the  business,  and  informs  his  client 
that  his  tide  is  perfect,  that  he  may  settle  on  the 
land  or  sell  it.  Doe,  not  being  learned  in  the  law, 
confides  in  the  knowledge,  honor,  and  honesty  of 
Roe,  settles  on  the  land,  and  sells  part  to  others. 
After  Doe  and  those  who  hold  of  him  have  ren- 
dered the  property  ten-fold  more  valuable  than  at 
first.  Roe  discovers  that  he  has  done  his  duty  ill ; 
goes  to  Doe's  former  adversary,  buys  the  claim  he 
has  pretended  to  have  defeated,  and  does  his  best 
to  eject  and  ruin  his  abused  client !  Ought  any  one 
to  put  faith  in  Roe  afterwards?  This  was  precisely 
the  case  of  Andrew  Jackson,  Joseph  Anderson, 
and  Norton  Pryor. 

*  The  documents  concerning  these  infamous  transactions 
are  on  the  records  of  Tennessee. 


CHAPTER  III. 

Affray  with  the  Bentons.  Indian  hostilities.  Attack  and  massacre 
of  Fort  Mimms.  Measures  of  the  Tennessee  Legislature.  General 
Jackson  assumes  the  command  5  his  orders.  The  army  reaches 
Huntsville.  Scarcity  of  provisions.  The  army  arrives  at  the 
Ten  Islands  of  Coosa.  Colonel  Dyer  destroys  Littafutchee.  Battle 
of  Tallushatches.  Fort  Strother  built.  Other  forces  in  the  field. 
Distress  of  the  friendly  Creeks.  The  Battle  of  Tallageda.  The 
army  falls  back.    Famine.    Mutiny.    GeneralJackson's  measures. 

General  Jackson's  next  remarkable  action  was 
one  of  the  grossest  and  most  outrageous  violations 
of  law  and  order  ever  heard  of  in  a  Christian  land. 
He  had  had  a  quarrel  with  the  celebrated  colonel 
Benton,  since  one  of  his  warmest  partizans,  and 
had  threatened  his  life.  It  so  happened  that  in 
September,  1813,  this  gendeman  and  his  brother 
came  to  Nashville,  and  were  immediately  sought 
out  and  attacked  by  general  Jackson,  who  came 
attended  by  four  followers.  Jackson  began  the 
battle  by  levelling  a  pistol  at  the  colonel,  when  a 
general  discharge  took  place  on  both  sides,  five 
shots  in  all.  Daggers  were  then  drawn,  and  a 
close  conflict  ensued,  the  two  Bentons  contending 
against  five  opponents  at  once.  General  Jackson 
received  a  pistol  ball  in  his  arm,  and  fell ;  the 
Bentons  were  each  thrown  down,  stabbed  in  several 
places,  and  would  have  been  murdered  outright, 
3 


30  LIFE    OF   JACKSOX. 

had  not  the  citizens  interfered  and  separated  the 
combatants.* 

One  language  only  can  be  used  with  regard  to 
this  savage  transaction  :  it  was  a  deliberate  attempt 
to  commit  a  murder  in  broad  daylight,  in  the  most 
cowardly  manner.  It  has  never  been  denied  by 
president  Jackson's  friends,  and  all  endeavors  to 
palliate  it  are  ridiculous.  Had  the  general  never 
given  any  better  proof  of  his  courage  than  this,  it 
would  have  been  matter  of  doubt  to  this  day. 
Yet  his  conduct  passed  unpunished  and  unques- 
tioned, for  encounters  of  this  nature  are  not  unfre- 
quent  in  the  West. 

About  this  time  the  great  tribe  of  i\Iuscogees, 
or  Creeks,  residing  between  the  Chatahootchee  and 
Tombigbee  rivers,  manifested  hostility  toward  the 
United  States.  We  cannot  pretend  even  to  guess 
their  motives.  Those  who  have  lived  on  the  frontier, 
and  witnessed  the  mutual  insults  and  injuries  inflicted 
by  the  whites  and  Indians  on  each  other  will  prob- 
ably think  the  Creeks  had  some  reason  for  their 
conduct.  They  had  no  historian  to  give  an  account 
of  their  deeds  or  motives,  and  we  are  therefore 
obliged  to  rely  on  their  enemies  for  the  facts  rela- 
tive to  the  war  in  which  our  hero  played  so  con- 
spicuous a  part.  This  we  may  premise,  that  the 
natives  have  ever  regarded  the  English  with  esteem, 
and  ourselves  with  abhorrence.  The  existing  war 
gave  them  a  fair  opportunity  to  evince  their  feelings. 
They  began  hostilities  on  the  whole  line  of  our 
southern  and  south-western  frontier.  It  has  been 
said,  that  the  celebrated  chief  Tecumseh  paid  them 
a  visit,  and  incited  them  to  this  course ;  but  this  is 

*  See  Thomas  Benton's  printed  statement. 


LIFE    OF   JACKSON,  31 

disputed.  Be  that  as  it  may,  it  is  certain,  that  the 
Muscogee  tribe  were  enemies  not  to  be  despised. 
Their  numbers  and  spirit  made  them  formidable. 
In  the  summer  of  1812,  a  war  party  butchered  a 
family  residing  near  the  mouth  of  the  Ohio,  and 
shortly  after  similar  outrages  were  perpetrated  on 
the  frontiers  of  Georgia  and  Tennessee.  These 
acts,  however,  were  not  sanctioned  by  the  Creek 
government,  for  on  application  to  the  chiefs,  the 
offenders  were  summarily  punished  with  death. 
Yet  the  sympathies  of  the  nation  were  on  the  side 
of  the  sufferers,  and  all  restraint  was  thrown  off  by 
the  party  inclined  to  war,  which  constituted  a  great 
majority  of  the  Creeks.  Incited  by  Wetherford, 
one  of  the  principal  chiefs,  they  painted  their  war 
clubs  red,  which  was  their  mode  of  declaring  war, 
and  proceeded  to  the  attack  of  Fort  Mimms,  in 
the  territory  of  Mississippi.  Wetherford  took  it  by 
assault,  and  put  its  inmates  to  the  sword,  without 
distinction  of  sex  or  age.  Seventeen  of  them  only 
escaped.*  By  the  laws  of  war,  a  place  taken  by 
storm,  is  at  the  mercy  of  the  victor,  and  is  spared 
or  not  at  his  pleasure.  Such,  at  least,  has  been 
always  the  usage  of  civilized  nations,  and  if  the 
conduct  of  Wetherford  on  this  occasion  ought  to 
blast  his  memory,  there  are  few  distinguished 
European  generals,  who  should  not  be  consigned 
to  infamy  for  similar  reasons. 

The  tidings  of  this  massacre  threw  the  entire 
State  of  Tennessee  into  a  ferment.  A  body  of 
the  most  influential  citizens  held  a  council,  and 
having  conferred  with  the  governor  and  general 
Jackson,  advised  the  former  to  send    an    armed 

"  Public  prints. 


32  LIFE    OF    JAcksON". 

force  into  the  territory  of  the  Creeks.  The  legis- 
lature immediately  assembled,  and  passed  a  law 
authorizing  the  governor  to  raise  thirty-five  hun- 
dred men  for  the  proposed  campaign.  In  case  the 
general  government  should  refuse  to  pay  them  for 
their  services,  three  hundred  thousand  dollars  were 
to  be  raised  for  that  purpose."^ 

By  order  of  the  governor,  general  Jackson, 
though  yet  suffering  from  a  fractured  arm,  the  con- 
sequence of  his  disgraceful  affray  with  the  Bentons, 
called  out  two  thousand  of  the  volunteers  and  mili- 
tia of  his  division.  To  this  force  were  joined  five 
hundred  horsemen,  under  colonel  Coffee,  who  was 
authorized  to  add  to  his  corps  as  many  mounted 
riflemen  as  he  could  gather.  He  was  ordered 
forthwith  to  proceed  to  the  frontier,  and  take  mea- 
sures for  its  defence,  while  general  Jackson  should 
collect  and  organize  as  many  as  possible  of  his 
former  army.f 

When  the  troops  had  assembled,  and  arrange- 
ments for  their  subsistence  had  been  made,  general 
Jackson,  being  unable,  from  the  state  of  his  health, 
to  join  them  immediately,  sent  an  address  to  be 
read  to  them,  in  which  the  ground  rules  of  military 
discipline  were  earnestly  pointed  out.  The  sim- 
plicity of  his  orders  would  excite  our  mirth,  did  we 
not  know  that  they  were  addressed  to  men  stran- 
gers to  all  restraint.  Officers  were  forbidden  to  be 
drunk  under  penalty  of  arrest,  and  in  privates  the 
same  offence  was  to  be  punished  with  imprison- 
ment. No  one  was  to  sleep  out  of  camp  without 
permission,  and  the  rest  of  his  regulations  were  of 
the  same  character.     Yet  to   those  for  whose  use 

*  Proceedings  of  Tennessee  legislature.  t  Eatoi.. 


LIFE    OF    JACKSON,  33 

they  were  intended,  they  appeared  ahogether  too 
rigorous.* 

On  the  7th  of  October  general  Jackson  joined 
his  division,  and  learned  that  the  Creeks  had  de- 
tached upwards  of  eight  hundred  of  their  warriors 
to  fall  upon  the  frontier  of  Georgia,  while  the  re- 
mainder of  their  forces  were  marching  upon  Hunts- 
ville.  On  the  9th,  therefore,  he  set  his  army  in 
motion.  They  reached  Huntsville  that  day,  by  a 
forced  march,  and  on  the  morrow  formed  a  junc- 
tion with  colonel  Coffee's  regiment,  on  the  Ten- 
nessee river.  Here  they  rested  several  days, 
during  which  general  Jackson  sent  scouts  to  recon- 
noitre the  Black  Warrior  river,  a  tributary  of  the 
Tombigbee,  on  which  were  several  Creek  villages. 
This  delay  was  occasioned  by  the  failure  of  an  ex- 
pected supply  of  provisions. f 

While  the  army  was  thus  inactive,  a  messenger 
arrived  from  Chinnaby,  a  chief  of  the  friendly 
Creeks.  He  brought  intelligence  that  Chinnaby's 
encampment,  near  Ten  Islands,  on  the  Coosa,  was 
threatened  by  the  enemy,  and  solicited  relief. 
This  information  induced  the  general  to  march  to 
Thompson's  creek,  a  small  branch  of  the  Tennes- 
see, where  he  had  reason  to  believe  he  might  be 
met  by  the  expected  supply.  He  was  the  more 
inclined  to  action,  that  the  scarcity  of  provisions 
depressed  the  spirits  of  his  half  disciplined  troops. 
But  he  was  again  disappointed,  and  his  letters  to 
different  quarters,  soliciting  the  desired  aid,  failed 
of  their  effect.  Even  the  planters  of  the  frontier, 
who  had  a  vital  interest  in  the  success  of  his  opera- 
tions, neglected  to  assist  the  army  contractors.  In 
this  embarrassing  situation,  another  messenger  from 

*  Eaton.  t  Eaton, 


34  LIFE    OF    JACKSON. 

Chinnaby  arrived,  to  urge  the  necessity  of  an  im- 
mediate movement,  as  the  enemy  was  advancing 
upon  him  in  great  force.  This  information  caused 
the  army  to  move  again.* 

Near  Ten  Islands  general  Jackson  was  met  by 
Chinnaby,  who  informed  him  that  he  was  within 
sixteen  miles  of  the  hostile  Creeks,  who  were  as- 
sembled to  the  number  of  a  thousand,  to  oppose  his 
march.  Hence  colonel  Dyer  was  sent  with  a  com- 
petent force  to  attack  the  village  of  Littafutchee, 
on  a  branch  of  the  Coosa.  This  done,  the  army 
set  forward  once  more,  and  reached  the  islands  of 
the  Coosa  without  opposition,  thus  proving  the  re- 
port of  Chinnaby  to  have  been  unfounded.  Here 
colonel  Dyer  rejoined,  having  accomplished  his 
object.  He  had  burned  Littafutchee,  whh  litde  or 
no  loss  on  his  own  side,  and  brought  back  with  him 
twenty-nine  prisoners,  men,  women,  and  children. 
The  scouting  parties  now  began  to  bring  in  prison- 
ers, and  cattle  and  corn  taken  from  the  enemy. 

The  first  w^eek  in  November,  information  was 
received  that  a  considerable  body  of  the  Muscogee 
warriors  had  taken  a  position  at  the  village  of  Tal- 
lushatches,  on  the  opposite  side  of  the  Coosa. 
Colonel  Coffee  was  sent  to  attack  them  at  the  head 
of  nine  hundred  mounted  men.  He  forded  the 
Coosa  under  the  direction  of  an  Indian  guide,  and 
advanced  on  Tallushatches.  The  Muscogees  were 
aware  of  his  approach,  and  prepared  to  meet  it  as* 
became  men.  They  struck  the  war  drum,  sung 
the  war  song,  and  by  their  savage  war  whoop  2;ave 
notice  that  they  were  prepared  for  battle.  AViihin 
a  mile  and  a  half  of  the  village  colonel  Coffee 
halted,  divided  his  force  into  two  bodies,  and  then 

*  Eaton 


LIFE    OF    JACKSON.  35 

advanced  in  such  a  way  as  to  surround  the  enemy, 
who  remained  quiet  in  the  buildings.  Seeing  this, 
the  commander  had  recourse  to  a  feint.  He  sent 
forward  two  companies  to  decoy  the  Indians  from 
their  cover.  No  sooner  had  these  deployed  into 
line  in  front  of  the  village,  and  fired  a  few  shots, 
than  the  savages  boldly  charged  and  drove  them 
back  on  the  main  body,  which  opened  a  general 
fire  and  charged  in  turn.  The  Muscogees  retired, 
resisting  obstinately  all  the  way,  till  they  reached 
their  village,  where  they  stood  fast,  and  a  despe- 
rate conflict  ensued.  The  Indians  did  not  ask 
quarter,  and  when  shot  down  continued  to  fight  on 
the  ground  as  long  as  their  breath  lasted.  Many 
of  their  wives  assisted  in  the  defence,  and  emulated 
the  bravery  of  their  partners.  The  Tennesseans 
revenged  the  slaughter  of  Fort  Mimms,  by  slaying 
all  the  men,  and  some  women  and  children.  Not 
one  of  the  savages  escaped  :  their  total  loss  in 
killed  was  upwards  of  a  hundred  and  eighty,  and 
eighty-four  women  and  children  were  taken  alive. 
On  the  other  hand,  five  of  the  whites  were  killed 
outright,  and  forty-one  were  wounded.*  This  dis- 
parity of  injury  may  be  accounted  for  by  several 
circumstances.  The  Indians  were  badly  armed, 
many  of  them  having  no  better  weapons  than  bows 
and  arrows,  and  all  after  the  first  fire  relied  upon 
their  bow\s.  They  were  to  the  Americans  but  as 
one  to  four,  and  their  horses  gave  the  latter  a 
fearful  advantage.  In  making  these  remarks  we 
would  by  no  means  detract  from  the  fame  of  colo- 
nel Coffee's  troops,  who  displayed  throughout  a 
spirit  and  a  unanimity  that  could  not  have  been 
surpassed   by  regular  troops.      We  do   them  no 

"  Coffee's  Report. 


36  -  LIFE    OF    JACKSON. 

wrong  in  shewing  that  they  contended  with  a  wor- 
thy foe. 

When  colonel  Coffee  had  rejoined  the  main  body, 
general  Jackson  resolved  to  build  a  fort  and  estab- 
lish a  depot  at  Ten  Islands.  The  fortification  was 
named  Fort  Strother. 

It  must  be  taken  in  view,  that  the  force  under 
general  Jackson,  was  not  the  only  one  with  which 
ihe  Creeks  had  to  contend.  Generals  Cocke  and 
White  w^ere  also  in  the  field  with  the  east  division 
of  Tennessee  militia,  and  the  military  force  of  the 
State  of  Georgia  was  in  readiness  to  move,  under 
general  Floyd.  We  have  thought  it  necessary  to 
mention  these  particulars,  because  the  exploits  of 
these  troops  have  been  so  eclipsed  by  the  brilliant 
operations  of  general  Jackson's  army  as  to  be 
altogether  forgotten.  Indeed,  we  believe  there 
are  many  of  our  fellow  citizens,  to  whom  it  will  be 
news  to  hear  that  any  one  had  any  part  in  the 
Creek  campaign  beside  general  Jackson.  We  are 
not  waiting  a  history  of  the  Creek  war,  but  the 
memoirs  of  general  Jackson,  and  do  not,  therefore, 
detail  the  operations  of  those  who  labored  to  the 
same  end,  but  to  omit  all  mention  of  these  facts, 
would  be  a  dereliction  from  the  duty  we  have 
undertaken. 

On  tljc  seventh  of  the  month,  a  courier  arrived 
from  Talladega,  a  fort  of  the  friendly  Creeks, 
thirty  miles  below,  to  request  immediate  relief,  Jis 
they  were  in  hourly  danger  of  being  utterly  des- 
troyed by  the  hostile  ])arty,  who  had  assembled 
about  them  in  great  numbers.  The  general  did 
not  hesitate  to  march  to  their  assistance,  with  all 
his  disposable  force,  amounting  to  twelve  hundred 
infantry  and  eight  hundred  mounted  men.     The 


LIFE    OF    JACKSON.  37 

Iroops  crossed  the  river  that  very  night,  each 
horseman  carrying  a  foot  soldier  behind  him, 
though  the  Coosa  is  here  six  hundred  yards  wide. 
The  whole  night  was  consumed  in  this  operation, 
yet  the  army  continued  its  march  with  unabated 
ardor,  and  by  the  next  evening  arrived  within  six 
miles  of  the  enemy.  At  night,  an  express  arrived 
from  general  White,  with  the  news  that  that  officer 
had  not  been  able  to  move  to  the  protection  of 
Fort  Strother,  according  to  Jackson's  desire,  having 
recei/ed  a  counter  order  from  general  Cocke,  to 
march  to  the  mouth  of  Chatouga  Creek.  .  This 
intelligence,  that  his  rear  was  left  unprotected, 
caused  general  Jackson  to  decide  on  attacking  the 
enemy  without  delay,  lest  by  a  change  of  their 
policy,  his  depot  should  be  carried  in  his  absence. 
Orders  were  given  accordingly. 

At  four  in  the  morning,  the  army  moved,  in 
order  of  battle.  The  infantry  advanced  in  three 
columns,  and  the  calvary  followed,  while  the  wings 
were  protected  by  flankers.  The  advance,  con- 
sisting of  four  companies,  marched  four  hundred 
yards  in  front,  under  colonel  Carroll.  By  seven, 
the  army  was  within  a  mile  of  the  enemy,  and  the 
columns  deployed  into  line,  while  the  cavahy  made 
a  circuit  round  the  enemy's  flank,  so  as  to  leave 
them  small  chance  of  escape. 

About  eight,  the  advanced  guard,  having  ap- 
proached a  small  thicket  of  underbrush,  received 
a  sharp  volley.  They  returned  it,  and  retreated 
upon  the  centre,  according  to  their  orders,  it  being 
the  policy  of  the  general  to  draw  the  Indians  from 
their  cover.  The  Indians,  elated  by  this  apparent 
success,  raised  the  war  whoop,  and  fell  furiously 
on  the  left  win.s;,  tomahawk  in  hand.     This  move- 


38  LIFE    OF    JACKSON. 

ment  had  nearly  decided  the  battle,  for  several 
companies  gave  way  before  their  onset,  and  the 
officer  ordered  by  general  Jackson  to  throw  his 
troops  into  the  gap,  did  not  execute  the  command. 
The  general  promptly  supplied  their  place  with 
the  reserve,  which,  wilh  the  assistance  of  the 
broken  troops,  who  began  to  rally,  checked  the 
advance  of  the  savages.  The  line  now  delivered 
an  unbroken  fire,  and  in  fifteen  minutes  the  Creeks 
gave  way  at  all  points  and  fled.  The  cavalry  of 
the  left  wing  made  great  slaughter  of  them,  and 
numbers  fell  in  the  pursuit,  which  continued  three 
miles.  The  troops  behaved  as  might  have  been 
expected  from  the  volunteers  of  Tennessee,  and 
that  is  a  sufficient  encomium.* 

In  this  battle,  a  thousand  and  eighty  of  the 
Creeks  were  engaged  ;  of  whom,  three  hundred 
were  left  dead  on  the  field,  and  about  as  many 
more  were  slain  in  their  flight.  The  loss  of  the 
Americans,  was  fifteen  killed  and  nearly  a  hundred 
wounded,  many  mortally.  The  results  of  the 
action  were,  the  relief  of  the  friendly  Indians  at 
Talladega,  an  increase  of  confidence  in  themselves 
and  their  general  on  the  part  of  the  Tennesseans, 
and  the  contrary  among  the  hostile  Creeks. 

After  the  battle,  the  scarcity  of  provisions  and 
the  defenceless  condition  of  his  rear,  compelled 
general  Jackson  to  fall  back  on  Fort  Strother,  where 
the  troops  were  soon  obliged  to  endure  the  miseries 
of  famine.  A  few  cattle  taken  from  the  enemy,  or 
purchased  from  the  Cherokees,  were  their  whole 
stock  of  provisions.     In  these  circumstances,  the 


"*  For  the  minute  particulars  of  this  battle,  see  Eaton  and 
the  official  reports. 


LIFE    OF    JACKSON.  39 

general  set  his  men  a  praise-worthy  example  of 
patience  ;  cheerfully  covering  his  table  with  offals 
and  acorns  from  the  forest,  that  tiiey  might  have 
the  less  reason  to  complain.  But  misery  is  in- 
tensely selfish,  and  all  his  eiforts  could  nd  hinder 
his  troops  from  feeling  their  hardships  and  express- 
ing their  discontent.  There  were  some  too  among 
them,  who  had  read  that  act  of  congress,  which 
directs  that  no  militia  man  shall  be  compelled  to 
serve  more  than  three  months  in  any  one  year, 
after  his  arrival  at  the  place  of  rendezvous.  They 
were,  therefore,  desirous  to  break  up  the  campaign 
and  return  home ;  and  some  of  their  officers  en- 
couraged them  in  this  disposition,  and  took  part  in 
their  complaints. 

General  Jackson  had  his  own  interpretation  of 
the  law,  and  resolved  that  the  troops  should  adopt 
it,  right  or  wrong.  He  held  that  as  the  object  of 
the  campaign,  to  subdue  the  hostile  Creeks,  had 
not  been  attained,  they  were  not  entitled  to  a  dis- 
charge, though  the  specified  term  of  service  had 
elapsed.  When,  therefore,  the  militia  revolted 
openly,  and  were  about  to  abandon  the  camp,  he 
drew  up  the  volunteers  under  arms,  with  orders  to 
prevent  their  departure,  even  though  it  should  be- 
come necessary  to  use  force.  Daunted  by  this  dis- 
play of  resolution,  the  militia  returned  to  their  tents. 

The  volunteers  had  no  heart  to  the  business,  and 
merely  obeyed  their  general's  orders,  to  divert  his 
suspicions  from  themselves.  They  wished  the 
militia  success,  and  prepared  to  follow  their  ex- 
ample. The  very  next  day  they  prepared  to  de- 
part in  a  body,  but  it  seems  the  general  had  fore- 
seen their  measures  and  prepared  to  traverse 
them.     As  they  were  about  to  leave  the  camp,  the 


40  LIFE    OF    JACKSON. 

militia  turned  the  tables  on  them,  expressing  a 
fixed  determination  to  obey  the  general's  orders  by 
enforcing  their  stay  at,  the  point  of  the  bayonet. 
So  well  had  Jackson  contrived  to  make  their 
mutual  jealousies  subserve  his  own  ends.  Thus 
situated,  the  volunteers  had  an  option  to  remain, 
or  to  turn  their  weapons  against  their  brethren  in 
arms.  They  chose  the  former  alternative.  How- 
ever, the  complaints  of  the  cavalry  were  not  to  be 
silenced  ;  their  forage  was  entirely  exhausted,  and 
they  had  no  prospect  of  obtaining  more.  General 
Jackson  listened  to  their  petition  to  be  permitted  to 
return  home,  and  granted  it,  on  condition  that  they 
would  rejoin  him  when  required.'^ 

*  See  Eaton, 


CHAPTER  IV. 

Discontent  of  the  troops.  Retrogade  movement.  Arrival  of  supplies. 
Firmness  of  g-eneral  Jackson.  Return  to  Fort  Strotiier.  The  Hilla- 
bees.  Quarrels  between  the  general  cuid  his  troops.  Mutiny  of 
lieutenant  Kearly.  The  army  breaks  up.  New  troops  arrive. 
Proceedings  of  generals  Floyd  and  Clairbome.  First  battle  of 
Emuckfaw.  Second  battle  of  Emuckfaw.  Third  battle  of  Emuck- 
-faw.     The  army  returns  to  Fort  Strother. 

Mutiny  yet  lurked  in  the  tents  of  the  volunteers ; 
and  the  speech  delivered  by  the  commander-in- 
chief  failed  to  suppress  it.  Even  his  promise,  that 
if  the  supplies  should  not  arrive  within  two  days, 
the  forces  should  all  march  homeward  together, 
had  no  effect.  The  volunteer  officers  resolved  in 
solemn  council,  that  nothing  would  prevent  an  in- 
stant and  forcible  desertion  of  their  men,  but  an 
immediate  march  back  to  the  settlements.  The 
militia  were  not  so  decided  ;  but  the  general  was, 
nevertheless,  compelled  to  suffer  a  regiment  of 
volunteers  to  leave  the  camp  ;  to  which,  however, 
they  were  to  return  as  soon  as  they  should  have 
satisfied  their  most  pressing  wants. '^ 

The  two  stipulated  days  elapsed,  and  the  sup- 
plies had  not  arrived.  The  militia  now  required 
the  general  to  redeem  his  pledge,  and  he  could 
not  with  honor  refuse.       In  the  bitterness  of  his 

*  Eaton. 


42  LIFE    OF   JACKSOxN'. 

mortification,  he  exclaimed  that  if  but  two  men 
would  abide  with  him,  he  would  never  abandon 
the  fort.  Captain  Gordon  immediately  offered 
himself,  and  succeeded  in  raising  upwards  of  a 
hundred  more,  who  were  willing  to  remain  and 
protect  the  position.  Leaving  this  garrison  behind, 
the  army  began  its  march  homeward.* 

Scarcely  had  the  troops  left  Fort  Strother  twelve 
miles  in  the  rear,  when  they  were  met  by  a  convoy 
of  the  long  expected  commissaries'  stores,  a  sight 
of  all  others  the  most  unwelcome  to  them,  though 
very  delightful  to  their  chief.  He  ordered  them 
to  return  forthwith  to  Fort  Strother,  and  was  an- 
swered by  a  murmur  that  ran  through  the  whole 
line.  One  company  revolted  at  once,  and  were 
making  off,  when  general  Jackson  intercepted 
them  with  a  few  followers,  and  threatened  to  fire 
upon  them,  if  they  should  persist.  He  drove  them 
back  on  the  main  body,  where  they  communicated 
their  feelings  to  their  fellows.  A  whole  brigade 
put  themselves  in  an  attitude  to  effect  their  escape 
by  force  and  arms. 

General  Jackson  now  made  a  signal  display  of 
firmness  and  energy.  He  hurried  to  the  front  of 
the  column  with  a  musket  in  his  hand,  and  declared 
he  would  shoot  the  first  man  who  should  advance. 
Two  companies  which  still  remained  obedient, 
drew  up  behind  him,  and  were  commanded  to 
enforce  his  orders.  Thus  braved,  the  courage  of 
the  troops  gave  way, — no  one  was  willing  to  set 
the  example  of  revolt, — and  returning  to  order,  they 
began  their  march  back  to  Fort  Strother. f  We 
cannot  commend  the  conduct  of  our  hero  on  this 

*  Eaton.  t  Eaton. 


LIFE    OF   JACKSON.  43 

occasion,  however  much  we  may  admire  the  mili- 
tary talents  he  displayed.  The  men  were  contend- 
ing, not  for  a  favor,  but  a  right,  secured  to  them  by 
an  express  law  ;  nor  was  the  country  in  such  a 
situation  as  to  require  or  justify  an  exercise  of 
dictatorial  power.  It  was  the  prelude  to  the  law- 
less course  pursued  by  general  Jackson  ever  since, 
which  has  gained  him  the  support  of  the  designing 
and  unthinking,  and  the  disapprobation  of  the 
better  part  of  his  fellow  citizens. 

We  turn  with  pleasure  from  these  disgraceful 
quarrels  between  the  general  and  his  troops,  to  re- 
cord an  event  that  had  a  powerful  influence  on  the 
subsequent  proceedings  of  the  Muscogees.  About 
the  twenty-second  of  the  month  (November)  a  depu- 
tation arrived  from  the  Creek  tribes  called  H ilia- 
bees,  to  sue  for  peace.  They  had  suffered  severely 
at  Talladega,  and  were  now  ready  to  submit  to 
whatever  terms  the  general  might  impose.  He 
replied  that  they  must  restore  the  prisoners  and 
property  they  had  taken,  whether  from  the  whites 
or  the  friendly  Creeks,  and  surrender  the  persons 
concerned  in  the  massacre  at  Fort  Mimms.  With 
this  answer  the  Hillab«3e  ambassadors  returned  to 
their  villages  on  the  twenty-fourth  of  the  month.* 

That  very  night  the  Hillabees  were  attacked  in 
their  huts  by  the  Tennessee  militia,  under  general 
White.  Sixty  of  them  were  killed,  upwards  of 
two  hundred  and  fift}^  were  made  prisoners,  and 
their  villages  were  wtterly  destroyed.  The  officers 
of  the  eastern  division,  jealous  of  general  Jackson's 
reputation,  and  unwilling  to  lend  their  aid  to  raise 
it,  had  refused  or  neglected  to  co-operate  with  him 

*  Official  Documents. 


44  LIFE    OF    JACKSON. 

throughout  the  campaign.  Such  is  ever  the  har 
mony  of  militia  operations.  In  this  instance,  the 
result  is  to  be  deplored.  The  Hillabees  believed 
themselves  assailed  by  Jackson,  to  whom  they  had 
offered  his  choice  of  terms,  and  from  whom  they 
had  received  a  promise  of  amnesty.  Under  these 
circumstances,  they  concluded  that  peaceful  con- 
duct could  not  defend  them  from  open  force  or 
treachery,  and  till  the  final  cessation  of  hostilities 
they  waged  a  war  of  extermination.  In  no  instance 
did  they  ask  or  accept  quarter.'^ 

The  clamors  of  the  troops  were  by  no  means 
abated  during  their  residence  at  Fort  Strother. 
The  want  of  food  was  indeed  obviated  by  the  ar- 
rival of  sufficient  stores,  but  they  knew  they  were 
entitled  to  a  discharge,  and  were  resolved  to  have 
it,  if  possible.  An  incessant  altercation  was  kept 
up  between  the  chief  and  his  followers,  of  which 
what  has  been  already  related  may  serve  as  a 
specimen.  Remonstrances  on  the  part  of  the 
troops  were  answered  by  speeches  and  threats 
from  the  general. f  A  letter  to  the  governor  of 
Tennessee  for  instructions,  brought  him  advice  to 
disband  his  troops,  but  he  refused  to  comply — 
argued  the  point  whh  his  superior,  and  upbraided 
him  in  harsh  and  indecorous  terms. J  The  troops 
at  last  gained  their  point ;  the  general  was  com- 
pelled to  make  a  virtue  of  necessity,  in  dismissing 
some  of  them,  and  general  Coffee's  brigade  left 
him  no  choice.  Thus  he  was  at  last  deserted  by 
almost  his  whole  original  army,  and  remained  with 
only  about  thirteen  hundred  men  of   the  eastern 

*  Eaton  and  others.  t  Eaton. 

t  See  the  correspondence,  which  has  been  published. 


LIFE    OP    JACKSON.  45 

division.  The  term  of  service  of  most  of  these 
also  had  nearly  expired,  and  they  claimed  their  dis- 
charge as  due  on  the  fourteenth  of  December.* 
We  forbear  the  details  of  all  these  miserable  strug- 
gles between  might  and  right.  General  Jackson 
certainly  made  extraordinary  efforts,  and  it  is 
charitable  to  believe  that  he  was  actuated  by  a 
love  of  his  country,  while  acting  in  opposition  to 
her  laws.  The  events  of  this  campaign  may  teach 
one  lesson  ;  they  serve  to  show  that  militia  can 
never  be  depended  on,  but  during  the  short  period 
of  a  popular  excitement. 

The  governor  of  Tennessee  was  more  affected  by 
general  Jackson's  difficulties  than  by  his  reproaches, 
and  set  earnestly  about  applying  a  remedy.  He  or- 
dered a  levy  of  twenty-five  hundred  men  from  the 
second  division,  to  assemble  at  Fayetteville  on  the 
twenty-eighth  of  January,  to  serve  for  a  period  of 
three  months.  General  Cocke  was  also  required 
to  furnish  his  quota.  General  Roberts  brought 
two  hundred  men  to  Fort  Strother,  but  these  stipu- 
lated that  they  should  be  discharged  at  the  end  of 
three  months.  Nevertheless,  fearing  the  arbitrary 
disposition  of  general  Jackson,  they  immediately 
broke  up  and  deserted  to  a  man.  Orders  were 
immediately  issued  to  pursue  and  apprehend  them, 
and  finding  themselves  likely  to  be  compelled,  they 
returned  without  further  ado.f 

The  time  had  now  come  when  those  of  the 
militia  w^ho  had  remained  in  service,  claimed  to  be 
discharged,  and  they  declared  their  determination 
to  return  home,  whether  their  claim  should  be 
allowed  or  not.     General  Jackson,  therefore,  con- 

*  Eaton.  t  Eaton  and  others. 


46  LIFE    OP    JACKSON. 

trary  to  the  advice  of  governor  Blount,  issued  an 
order  forbidding  all  persons  under  bis  command  to 
leave  tbe  camp  vvitbout  his  written  permission,  on 
pain  of  death.  The  order  was  disregarded.  The 
officer  of  tbe  guard,  lieutenant  Kearly,  and  all  his 
sentinels,  left  their  posts,  and  the  officer  refused  to 
surrender  his  sword  or  submit  to  arrest.  He  form- 
ed his  company,  and  was  about  to  march  them 
homeward,  when  a  company  arrived  to  stay  his 
proceedings.  Kearly  prepared  to  fight  iiis  way 
through  all  opposition,  and  his  company  would 
have  seconded  him,  had  not  general  Jackson  in- 
stantly repaired  to  the  spot.  He  presented  a 
pistol  to  the  subaltern's  breast,  compelled  him  to 
give  up  his  weapon,  and  placed  him  under  guard. 
But  on  his  submission  and  repentance,  Kearly  was 
released  from  arrest  and  again  received  into  favor. 
While  this  was  going  on,  the  rest  of  the  brigade 
left  the  camp  and  proceeded  toward  home,  leaving 
behind  them  but  a  single  regiment  of  militia,  whose 
time  had  nearly  expired.  The  general  sent  a 
wi'itten  address  after  them,  but  it  did  not  bring 
back  one  individual.* 

In  the  meanwhile,  the  Muscogees  were  sustain- 
ing reverses  calculated  to  depress  their  spirits  and 
facilitate  future  operations  against  them.  On  the 
4th  of  December  they  were  defeated  by  the 
Georgia  militia,  Tinder  general  Floyd,  at  Autossee, 
a  town  on  the  Talapoosie  river.  The  strength  of 
eight  several  towns  had  been  gathered  for  the 
defence  of  this  spot.  Upwards  of  two  hundred  of 
the  savage  warriors  were  slain  and  two  villages 
were    destroyed.       General  Clairborne    also  des- 

"  Eaton. 


LIFE    OF    JACKSON.  47 

troyed  the  town  of  Eccancacha,  and  routed  its 
defenders  with  loss,  on  the  1st  of  January,  1814. 

On  the  13th  of  January,  eight  hundred  and  fifty 
of  the  newly  raised  Tennessee  volunteers,  arrived 
at  Fort  Strother.  They  had  agreed  to  serve  for 
sixty  days  only,  and  no  persuasion  could  induce 
them  to  extend  the  term.  They  were  organized 
in  two  mounted  regiments.  Two  days  after,  these 
troops  took  up  the  Kne  of  march  for  Talladega, 
followed  by  general  Jackson  with  his  staff,  an 
artillery  company,  three  companies  of  foot,  and  a 
company  of  volunteer  officers,  nine  hundred  and 
thirty  in  all.  At  Talladega  they  were  joined  by 
two  or  three  hundred  friendly  Creeks  and  Chero- 
kees.  With  this  force,  the  chief  directed  his 
march  to  Emuckfaw  river,  where  he  was  advised 
that  a  large  body  of  the  enemy  had  collected.  On 
the  night  of  the  21st  he  encamped  within  three 
miles  of  them."^ 

At  day-break  the  next  morning,  the  Creek  war- 
riors drove  in  the  sentinels,  and  vigorously  charged 
the  left  flank.  The  assault  was  bravely  given, 
bravely  received,  and  the  battle  was  maintained 
with  great  spirit  on  both  sides  for  half  an  hour. 
When  light  broke,  a  general  charge  forced  the 
Muscogees  at  every  point,  and  as  the  Indian  allies 
joined  in  the  pursuit,  the  slaughter  was  consider- 
able. General  Coffee  was  then  despatched  with 
four  hundred  men  to  destroy  the  Creek  encamp- 
ment, but  found  it  too  strong  and  too  well  garri- 
soned to  render  the  attempt  prudent.  He  there- 
fore returned  to  the  camp. 

Half  an  hour  after  his  return  a  party  of   the 

''Official  Reports. 


48  LIFE    OF    JACKSON. 

enemy  attacked  the  picket  guard  on  the  right  flank, 
as  a  feint  to  draw  the  attention  of  the  whites  thither, 
and  thus  nriake  them  expose  the  left  wing.  The 
savages  were  disappointed.  General  Jackson  or- 
dered general  Coffee  to  defend  the  right  with  the 
assistance  of  two  hundred  of  the  Indian  allies,  and 
repaired  himself  to  the  left  wing.  The  shock  of 
the  enemy  here  was  sudden  and  violent,  but  it 
was  sustained  with  a  gallantry  not  to  have  been 
expected  in  raw  recruits.  The  Creeks  maintained 
the  battle  after  the  fashion  of  their  ancestors,  avail- 
ing themselves  of  every  cover  afforded  by  the 
broken  ground,  lying  down  to  load  and  rising  to 
fire.  After  a  few  vollies,  the  left  wing  again 
charged,  the  Muscogees  again  fled,  and  were  again 
pursued  ;  but  in  the  mean  time,  general  Coffee  was 
hard  pressed,  the  Indians  directed  to  aid  him, 
having  mistaken  their  orders.  By  some  misap- 
prehension not  explained,  only  fifty  men  followed 
him  to  repel  the  first  attack,  and  he  found  the 
enemy  posted  to  great  advantage.  They  occupied 
a  grove  of  pines  intermingled  with  brushwood, 
forming  as  good  a  cover  as  an  Indian  warrior  could 
desire.  He  ordered  his  men  to  dismount  and 
charge  them,  and  they  were  driven  to  the  bank  of 
a  stream,  where  they  concealed  themselves  among 
the  reeds,  whence  he  could  not  dislodge  them. 
He  then  retired,  and  the  Indians  again  emerged 
from  their  cover,  and  engaged  him  on  more  equal 
terms.  Happily  for  him,  their  number  was  not 
great,  and  he  was  able  to  stand  his  ground  till 
general  Jackson  ordered  Jem  Fife,  the  chief  of  the 
friendly  Creeks,  to  go  to  his  assistance  with  a 
hundred  and  fifty  warriors.  It  was  promptly  done. 
General  Coffee  and  the  Creek  chief  charged  in 


LIFE    OF    JACKSON.  49 

concert,  and  the  enemy  broke,  losing  forty-five 
men  in  the  charge  and  pursuit.^ 

Having  buried  the  dead  and  cared  for  the 
wounded,  the  camp  was  fortified  ;  for  the  Mus- 
cogee operations  had  been  so  well  planned,  and 
they  had  fought  with  so  much  determination,  that 
there  was  reason  to  believe  they  would  not  let  tJie 
matter  rest  thus.  No  attack  occurred  during  the 
night,  and  in  the  morning  the  army  commenced 
its  retreat  to  Fort  Strother.  Through  the  day 
they  were  not  molested,  but  the  spies  reported  that 
the  enemy  hovered  on  the  flanks  and  rear.  This 
induced  the  chief  to  believe  he  should  be  attacked 
in  the  night,  or  that  an  ambush  would  be  prepared 
for  him.  Nevertheless,  this  night  also  passed  with- 
out alarm. f 

There  was  a  defile  in  front  between  two  hills 
where  a  small  stream  was  to  be  crossed,  a  place 
every  way  fit  for  an  ambuscade,  and  admirably 
adapted  to  the  peculiar  warfare  of  the  Indians. 
To  avoid  being  taken  here  at  a  disadvantage,  the 
general  resolved  to  pass  the  stream  at  another  ford, 
where  there  was  nothing  to  obstruct  the  evolutions 
or  fire  of  his  troops.  Before  the  enemy  was  aware 
of  this  change  of  route,  the  advanced  guard,  the 
wounded,  and  a  part  of  the  centre  division  had 
crossed  the  stream.  The  single  piece  of  artillery 
had  just  entered  the  ford  when  the  battle  cry  of 
the  Muscogees  was  heard  behind,  and  the  rear 
guard  was  charged.  The  general  had  taken  his 
measures  to  repel  such  an  assault  wisely.  The 
rear  column  had  received  orders  to  stand  fast, 
while  the  right  and  left  column  should  wheel  oq 

*  Official  Reports.  t  Eaton. 


50 


LIFE    OF    JACKSON. 


their  pivot,  recross  the  stream  above  and  below, 
and  fall  upon  the  flanks  and  rear  of  the  enemy. 
For  once,  he  had  overrated  the  firmness  of  his 
men,  and  this  had  like  to  have  been  the  last  of  his 
batdes.  The  rear  guard  gave  way,  on  receiving 
the  attack,  and  retired  upon  the  rear  division,  the 
right  and  left  columns  of  which  broke  in  confusion, 
drawing  with  them  a  part  of  the  centre  column. 
Twenty-five  men  only  maintained  their  ground, 
while  an  appalling  confusion  and  consternation 
pervaded  the  rest  of  the  army.  In  such  circum- 
stances, it  is  indeed  wonderful  that  the  whole  army 
was  not  utterly  destroyed. 

The  enemy's  balls  fell  thick  and  fast  on  the 
American  ranks.  Captain  Hamilton  had  fallen, 
captains  Bradford  and  McGavock  were  down, 
lieutenant  Armstrong  of  the  artillery  had  but  life 
left  to  beg  his  men  to  save  his  cannon,  and  many 
more  of  inferior  degree  gave  up  their  lives  here. 
The  Muscogees  were  swarming  like  bees  to  the 
attack,  and  there  were  none  to  withstand  them  but 
the  left  wing,  the  artillery  men,  a  company  of  spies, 
and  the  few  that  remained  of  the.  rear  guard.  The 
artillerists  ascended  the  bank  with  the  most  deter- 
mined obstinacy,  loaded  their  gun  under  a  shower 
of  lead,  and  sent  repeated  charges  of  grape  among 
the  savages.  The  company  of  spies  turned  the  left 
flank  of  the  enemy,  and  frustrated  a  charge  they 
were  about  to  make  on  the  cannon.  Many  instances 
of  individual  bravery  occurred  in  this  close  and 
desperate  conflict,  in  which  the  spies  and  artillerists 
earned  all  praise.  They  kept  the  enemy  at  bay, 
while  the  general,  by  dint  of  strenuous  exertion, 
restored  order  in  his  broken  ranks.     The  Musco- 


LIFE    OF   JACKSON. 


51 


gees  at  last  fled,  throwing  off  all  incumbrances  that 
could  retard  their  flight.* 

In  these  three  several  battles,  the  Muscogees 
fought  with  a  courage  worthy  of  a  better  fate,  and 
their  loss  was  accordingly  severe.  One  hundred 
and  ninety  dead  were  found  on  the  fields  they 
abandoned  ;  and  if  we  consider  that  no  thorough 
search  was  made,  and  that  it  is  the  practice  of 
Indians  to  carry  ofl*  and  conceal  their  slain, 
we  must  believe  the  number  of  their  killed  was 
double  what  it  appeared.  Their  spirits  were  de- 
pressed by  the  success  of  this  sanguinary  onslaught, 
and  they  did  not  further  harass  the  army  on  its 
return  to  Fort  Strother.  Shortly  after,  they  at- 
tacked general  Floyd,  but  were  repulsed  with 
considerable  loss.f 

*  Official  Report.         t  General  Floyd's  Report. 


CHAPTER  V. 

Discharge  of  the  old  and  arrival  of  new  troops.  Mutiny.  The 
army  marches.  Tohopeka  or  the  Horse-Shoe.  Battle  of  the 
Horse-Shoe.  Butchery.  Humanity  of  general  Jackson.  Attempt 
on  Hoithlewalee.  The  Muscogees  sue  lor  peace.  Terms  granted 
Ihem.     Wetherford  j  his  speech.     The  army  is  disbanded. 

General  Jackson,  having  now  terminated  this 
triumphant  campaign,  and  hearing  that  new  troops 
might  soon  be  expected  from  Tennessee,  where 
the  news  of  his  success  had  had  much  effect,  dis- 
missed liis  troops  without  wrangling.  He  was  re- 
warded for  his  forbearance  on  the  6th  of  February, 
by  the  arrival  of  the  thirty-ninth  regiment  of  Ten- 
nessee militia,  about  six  hundred  strong.  General 
Cocke  was  also  enabled  to  furnish  about  two  thou- 
sand men.  These  troops,  with  others,  amouniing 
in  all  to  five  thousand  effective  men,  assembled  at 
Fort  Strother  on  the  14th,  just  in  time  to  witness  the 
execution  of  a  militia  man  for  an  alleged  mutiny,* 
an  example  certainly  not  altogether  thrown  away 
on  such  troops.'' 

A  disgraceful  scene  of  insubordination  and  tumult 
was  soon  exhibited  in  the  camp,  notwithstanding. 
Supplies  were  not  received,  the  troops  began 
to  be  mutinous  and  disorderly ;  and  to  cap  the 
climax,  no  less  a  man  than  a  major-general  excited 

*  His  guilt  has  since  been  disputed. 


LIFE    OF    JACKSON. 


53 


them  to  revolt.  This  was  general  Cocke,  who 
it  appears  was  jealous  of  the  increasing  fame  of 
general  Jackson,  and  wislied  nothing  so  much  as 
to  arrest  the  intended  campaign.  He  mixed  with 
the  men,  told  them  they  were  illegally  drafted, 
and  offered  to  discharge  them  if  they  would  escape 
as  far  as  Knoxviile.  A  drum  was  at  one  time 
beat  in  the  camp  for  deserters,  and  when  at  last 
our  hero  issued  orders  to  arrest  any  apostle  of 
mutiny  who  might  be  found  in  his  camp,  without 
regard  to  his  rank,  Cocke  saved  himself  by  a  re- 
treat."'^ Having  at  last,  by  unremitted  exertions, 
overcome  all  obstacles,  general  Jackson  led  his 
troops  to  Tohopeka,  or  the  Horse-Shoe,  on  the 
27th  of  March.  This  was  the  town  from  which 
the  Muscogees  sallied  to  the  battles  of  Emuckfaw, 
and  which  was,  it  will  be  remembered,  reconnoitred 
by  general  Coffee  on  the  22d  of  January.  If  he 
found  it  then  so  strong  as  to  bid  defiance  to  attack, 
it  was  more  so  now.  Since  the  Emuckfaw  cam- 
paign, the  Creeks  had  rendered  it  as  formidable  as 
their  skill  and  means  would  permit,  and  had  mus- 
tered their  remaining  warriors  in  its  defence.  The 
place  was  naturally  very  strong.  Here  the  Talla- 
poosa river  makes  a  great  bend,  in  the  form  of  a 
horse-shoe,  from  which  its  Indian  name  is  derived. 
The  peninsula  was  only  to  be  entered  by  land, 
over  a  neck  three  hundred  and  fifty  yards  wide. 
To  bar  this  they  had  erected  a  stubborn  barrier,  a 
parapet  formed  of  trunks  of  trees,  and  pierced  with 
a  double  tier  of  loop  holes  for  small  arms.  This 
barrier  curved  inward,  so  that  the  approaching  foe 
must  necessarily  have  been  exposed  to  a  dreadful 

*  Eaton. 


54  LIFE    OF    JACKSON. 

cross  fire  from  within.  On  ibis  occasion,  the 
Muscogees  were  advised  of  the  coming  of  general 
Jackson,  and  liad  collected  upwards  of  a  thousand 
fighting  men. 

Determined  (to  use  his  own  language)  to  exter- 
minate them,  he  despatched  general  Coffee  with 
the  mounted  men  and  the  friendly  Indians  to  cross 
the  river,  surround  the  peninsula,  and  prevent  the 
escape  of  any  by  water.  Coffee  bad  also  orders 
to  divert  the  attention  of  the  Indians  from  the  prin- 
cipal point  of  attack.  The  rest  of  the  army  took  a 
position  in  front  of  the  Creek  rampart,  and  the 
artillery  were  planted  on  a  hillock  two  hundred 
yards  from  it.  A  constant  fire  was  then  opened, 
while  the  small  arms  were  employed  whenever  an 
Indian  showed  himself  behind  the  bulwark.  This 
continued  two  hours,  w'ith  little  effect,  when  a  part 
of  the  detachment  under  general  Coffee  re-crossed 
the  river,  set  fire  to  some  of  the  buildings  on  the 
peninsula,  and,  advancing  toward  the  barrier,  at- 
tacked the  enemy's  rear.  The  order  for  the  charge 
was  then  given  and  executed.  The  troops  made 
their  way  to  the  barrier  under  a  heavy  fire,  steadily 
and  in  good  order.  The  resistance  was  desperate, 
each  side  disputing  the  possession  of  the  parapet 
hand  to  hand.  Major  Montgomery  was  the  first  to 
mount,  and  was  shot  dead  on  the  spot.  Animated 
by  his  example,  the  troops  rushed  up  the  ascent, 
and  drove  the  savages  before  them.  These,  cover- 
ing themselves  with  the  brush  and  timber  of  the 
peninsula,  kept  up  a  galling  discharge  till  they 
were  dislodged  at  the  point  of  the  bayonet.  Their 
case  was  now  desperate  ;  they  had  resolved  to  sur- 
render at  no  rate,  and  their  only  chance  of  escape 
was  in  crossing  the  river  in  the  front  of  genera! 


LIFE    OF    JACKSON.  55 

Coffee's  troops.  Thus  hemmed  in,  some  leaped 
down  the  river  bank,  and  concealed  themselves 
among  the  rocks,  while  others  took  refuge  in  the 
west  angle  of  their  rude  fortification,  behind  heaps 
of  brush.  From,  these  situations  they  continued 
to  resist. 

General  Jackson  was  now  satisfied,  and  was 
willing  to  spare  the  poor  relics  of  the  gallant  tribe 
at  whose  expense  he  had  won  so  much  honor. 
He  ordered  an  interpreter  to  advance  and  offer 
them  quarter,  but  they  refused  it  and  fired  on  the 
flag.  The  interpreter  received  a  severe  wound. 
The  artillery  was  then  turned  against  them,  but  in 
vain ;  a  charge  was  made,  which  was  valiantly  met, 
and  many  of  the  whites  were  slain,  but  the  savages 
were  finally  driven  from  the  angle  before  mentioned. 
Fire  was  then  thrown  over  the  cliffs,  which  con- 
suming the  trees  and  brush,  brought  the  poor 
wretches  in  view.  Still  they  refused  quarter,  and 
were  shot  down  from  both  sides  of  the  river. 
Thus  the  slaughter  continued  till  night  put  an  end 
to  it,  and  the  few  survivors  swam  the  river,  and 
escaped  in  the  darkness.* 

The  attack  of  general  White  on  the  Hillabees 
after  terms  had  been  granted  them,  had  destroyed 
the  confidence  of  the  Creeks  in  the  whites ;  but 
not  to  this  wholly  was  owing  their  obstinate  bravery. 
It  is  the  characteristic  of  their  race.  In  this  in- 
stance they  had  resolved  to  conquer  or  die,  as  was 
made  manifest  by  their  having  kept  their  women 
and  children  with  them.  Five  hundred  and  fifty- 
seven  of  their  best  and  bravest  perished  on  this  fatal 
field  of  battle.    Most  of  them  fell  manfully  fighting 

'^  Eaton  and  Jackson's  Report. 


56  LIFE    OF    JACKSON. 

for  their  hearth-stones  ;  but  a  considerable  number 
were  destroyed  by  general  Coffee  while  endeavor- 
ing to  escape  by  swimming.  The  vilest  deed,  and 
that  which  will  forever  remain  a  dark  stain  on 
the  character  of  our  hero,  remains  to  be  related. 
Humanity  shudders  to  tell,  that  on  the  morning 
after  the  battle,  sixteen  Muscogees  were  dragged 
from  their  hiding-places,  and  butchered  unresisting, 
in  cold  blood,  with  his  knowledge  and  approbation. 
Two  hundred  and  fifty  prisoners  were  taken,  of 
whom  three  only  were  males.* 

Another  anecdote  presents  general  Jackson  in  a 
more  amiable  light.  We  give  it  on  the  authority 
of  major  Eaton.  Seeing  a  male  infant  clinging  to 
the  cold  bosom  of  its  dead  mother,  he  caused  it  to- 
be  brought  away,  and  afterwards  carried  it  to  Ten- 
nessee. When  it  had  arrived  at  a  proper  age,  he 
bound  it  apprentice  to  a  saddler. 

General  Jackson  sank  his  dead  in  the  river  to 

prevent    the   enemy   from    stripping   and    scalping 

them,  and  marched  back  to  Fort  Williams.     He 

was  of  opinion  that  the  Muscogees  were  not  yet 

sufficiently  humbled;    but   as   his  force  was  now 

much  reduced  by  sickness,  discharges,  and  loss  in 

the  late  battle,  he  was  desirous  to  effect  a  junction 

with  the  Georgia  and   North  Carolina  forces.     To 

this  end   he   started  with  his  troops  on  the  7th  of 

April    for   the  Tallapoosa,  intending  on  his   way 

to  attack  a  body  of  Muscogees  at  a  town  called 

Hoiihlewalee,  near  the   Hickory  Grounds.      He 

expected  the  troops  of  Georgia  to  co-operate  with 

him,  and  sent  word  to  their  commander  that  he 

should  reach  and  fight  the  enemy  on  the  11th.    A 

*  Eaton,  and  Jackson's  Report. 


LIFE    OF    JACKSON.  57 

great  quantity  of  rain  fell,  and  retarded  his  march, 
and  when  on  the  13th  he  arrived  at  Hoithlevvalee, 
he  found  a  small  stream  lying  between  his  army 
and  the  town  so  swollen  as  to  be  impassable.  This 
gave  the  Indians  an  opportunity  to  escape,  which 
they  did  the  more  easily  that  the  Georgia  troops 
had  not  arrived.  They  did  not  fly  so  fast,  however, 
but  that  twenty-five  were  made  prisoners. 

Many  of  the  Muscogee  chiefs  now  came  to  sue 
for  peace.  The  battle  of  Tohopeka  had  wholly 
broken  their  spirits  and  power.  They  had  been 
defeated  in  every  engagement,  and  their  prophets, 
who  had  kept  their  hopes  alive  by  the  agency  of 
superstition,  had  all  been  slain.  Their  conduct 
and  courage  had  uniformly  been  exerted  in  vain. 
Without  detracting  from  the  merits  of  their  con- 
queror, we  may  assign  other  causes  than  his  general- 
ship for  such  a  succession  of  disasters.  It  seems, 
that  excepting  in  the  three  battles  of  Emuckfaw, 
the  Creeks  abandoned  the  ancient  warlike  policy 
of  their  nation.  Instead  of  carrying  on  the  war  in 
detail,  harassing  the  invading  army,  and  picking 
off  every  man  that  strayed  from  the  ranks,  they 
ranked  themselves  in  battle  array,  risked  general 
engagements,  and  trusted  wholly  to  their  valor. 
But  this,  however  determined,  could  not  supply 
the  lack  of  discipline.  It  is  true,  the  Tennessee 
troops  had  little  themselves,  but  that  little  was 
always  called  into  use  in  the  hour  of  strife,  and 
gave  them  the  advantage.  They  acted  with  better 
concert  than  the  savages,  whose  order  of  battle  was 
always  loose,  and  who  could  only  oppose  individual 
efforts  to  a  charge.  In  every  battle,  too,  the  whites 
were  superior  in  numbers,  and  better  armed  than 
the  Indians.     Moreover,  much  was  done  to  bring 


58  LIFE    OF    JACKS#N. 

about  a  successful  termination  of  the  war  by  general 
White,  and  the  troops  of  Georgia  under  general 
Floyd.  We  mention  this  that  every  one  may  have 
his  just  share  of  honor.  In  the  Creek  war  the  troops 
of  Tennessee  did  well,  exceeding  well ;  but  they 
did  not  do  all.  All  circumstances  considered,  the 
gallant  and  long  protracted  resistance  of  the  Mus- 
cogees  is  more  marvellous  than  their  successive 
defeats.  As  to  general  .Tarkson,  it  is  not  surprising 
that  he  vanquished  the  enemy  in  pitched  battles  ; 
such  has  been  the  result  of  every  action  between 
the  white  and  red  man,  on  equal  terms ;  but  keep- 
ing together  such  materials  as  composed  his  armies, 
in  want  and  sickness,  even  in  opposition  to  the  law, 
commanding  and  enforcing  obedience,  required 
energy,  courage,  decision,  and  the  talent  of  com- 
mand. He  is  fairly  entitled  to  all  the  praise  due  to 
these  qualities.  So  much  we  may  say  without  dis- 
paragement to  the  backwoodsmen.  It  is  true  that 
they  are  turbulent,  self-willed,  and  impatient  of 
discipline,  but  they  are  hardy,  high-spirited,  brave 
to  desperation,  and  well  skilled  in  the  use  of  arms. 
In  these  particulars  they  are  surpassed  by  no  people 
on  earth.  The  laurels,  then,  of  the  Creek  war 
are,  in  our  opinion,  the  greenest  general  Jackson 
has  won. 

To  the  submission  of  the  Creek  chiefs  our  hero 
replied,  that  if  they  would  repair  iiordi  of  Fort 
Williams,  and  there  remain  tranquil,  no  other  proof 
of  their  peaceful  intentions  should  be  required. 
He  then  marched  on  Toulossee,  on  the  river  Coosa, 
where  the  belligerent  chiefs  were  daily  arriving, 
in  order  to  treat  for  peace  on  aijy  terms.  They 
all  agreed  that  those  who  were  still  opposed  to 
peace,  had  fled  to  Florida.     Jackson  repeated  to 


LIFE    OF    JACKSON. 


59 


them  what  he  had  said  before,  and  to  test  their 
sincerity,  he  desired  them  to  bring  Wetherford 
into  his  camp  as  a  prisoner.  This  man  was  a 
brave,  high-minded  chief,  devoted  to  the  interests 
of  his  tribe,  and  sensibly  alive  to  its  wrongs,  real 
or  fancied.  He  it  was  who  instigated  the  war. 
He  took  Fort  Mimms,  and  afterwards  commanded 
at  Emuckfaw  and  Tohopeka.  History  cannot  show 
a  truer  patriot,  or  a  more  heroic  warrior,  than  this 
brave  barbarian.  The  only  error  of  his  policy  was 
in  miscalculating  the  relative  force  of  the  whites 
and  his  own  nation.  But  having  made  his  decision, 
he  fought  his  ship  of  state  to  the  last  plank,  and  if 
he  did  not  sink  with  her  it  was  from  no  lack  of 
courage  or  fortitude.  When  he  heard  of  general 
Jackson's  demand,  he  did  not  wait  to  be  arrested, 
but  boldly  sought  the  American  camp,  and  pre- 
sented himself  before  the  conqueror.  The  general 
sternly  remarked,  that  he  was  astonished  at  his 
assurance,  remembering  as  he  must,  the  part  he 
had  acted  at  Fort  Mimms,  and  for  which  he  de- 
served death. 

'I  am  in  your  power,'  replied  the  undaunted 
chief.  '  Do  with  me  as  you  please.  I  am  a  war- 
rior. I  have  done  the  whites  all  the  harm  I  could. 
I  have  fought  them, — bravely.  If  I  had  an  army 
I  would  yet  fight  to  the  last ;  but  I  have  none. 
My  warriors  are  all  gone,  and  I  can  now  only  weep 
for  the  misfortunes  of  my  people.'^ 

There  was  something  in  this  manly  and  pathetic 
address  that  struck  a  sympathetic  chord  in  the 
bosom  of  our  hero.  He  said  to  Wetherford  that 
he  did   not  solicit  him  to  lay  down  his  arms,  but 

*  Eaton. 


60  LIFE    OP   JACKSON. 

that  he  already  knew  the  way  in  which  his  tribe 
might  obtain  grace.  If,  however,  he  were  still  will- 
ing to  contend,  and  prepared  to  meet  the  conse- 
quences, he  was  at  liberty  to  retire  and  join  the 
hostile  party.  Doing  this  he  might  expect  death, 
if,taken  ;  but  if  he  were  indeed  desirous  of  peace, 
he  might  remain  where  he  was,  assured  of  pro- 
tection.* 

'  I  do  indeed  desire  peace,' said  Wetherford.  ^I 
ask  it  that  the  sufferings  of  my  people  may  cease. 
We  have  suffered  sorely  in  the  war,  and  our  wives 
and  children  must  die  of  famine  if  it  continues  ;  for 
our  cattle  and  corn  are  wasted  and  destroyed.  You 
may  well  speak  so  to  menow.  There  was  a  time 
when  I  had  -a  choice,  and  could  have  answered 
you.  I  have  none  now, — even  hope  is  departed. 
Once  I  could  cheer  my  warriors  to  battle, — but  I 
cannot  animate  the  dead.  They  can  no  longer 
hear  my  voice  ;  their  bones  are  whitening  at  Talla- 
geda,  Tallushatches,  Bmuckfaw,  and  Tohopeka. 
I  have  not  surrendered  myself  thoughtlessly.  While 
a  chance  of  success  remained,  I  never  left  my  post 
or  asked  for  peace.  But  my  warriors  are  gone, 
and  1  now  ask  it  for  my  nation  and  myself.  I  look 
back  on  the  misfortunes  and  miseries  of  my  people 
with  the  deej)est  sorrow,  and  wish  to  avert  further 
calamities.  If  I  had  been  left  to  contend  with  the 
Georgia  army  alone,  1  would  have  raised  my  corn 
on  one  bank  of  the  river  and  fought  them  on  the 
other  ;  but  you  have  destroyed  my  nation.  You 
are  a  brave  man,  and  I  rely  on  your  generosity. 
You  will  exact  no  terms  of  a  conquered  people  but 
such  as  they  should  accede  to :  whatever  they 
may  be,  it  would  be  folly  and  madness  to  oppose 

*  Eaton. 


LIFE    OF    JACKSON.  61 

them.  If  they  are  opposed,  you  will  see  me  among 
the  sternest  enforcers  of  obedience.  Those  who 
would  still  hold  out,  can  only  be  actuated  by  a 
mean  spirit  of  revenge.  To  this  they  must  not, 
-and  shall  not  sacrifice  the  last  remnant  of  their 
country.  You  have  told  us  where  we  may  go  and 
be  safe.  This  is  a  good  talk,  and  they  ought  to 
listen  to  it.     They  shall  listen  to  it.'* 

The  earnest  eloquence  of  the  bold  chief  was  not 
thrown  away  upon  general  Jackson.  He  granted 
him  his  fullest  confidence.  The  Creek  allies  were 
reconciled  to  him,  and  he  left  the  camp  to  seek 
his  followers  and  friends  in  order  to  persuade  them 
to  give  up  the  hopeless  contest. f 

Parties  were  now  sent  out  to  enforce  submission, 
but  they  were  needless.  The  few  Creeks  who 
still  remained  hostile,  had  indeed  retired  into 
Florida.  Such  of  the  Muscogees  as  had  joined 
the  Americans  against  their  brethren  were  now  dis- 
posed to  wreak  their  fury  on  the  vanquished  party, 
especially  those  who  had  been  present  at  the  mas- 
sacre of  Fort  Mimms.  On  one  occasion,  they  de- 
stroyed a  small  party  who  were  on  their  way  to  the 
camp,  with  the  intention  of  submitting.  General 
Jackson  took  measures  to  remedy  these  disorders, 
and  having  established  a  line  of  posts  from  Ten- 
nessee to  the  Alabama  river,  marched  his  troops 
home  and  discharged  them. 

*  Eaton.  i  Eaton. 


CHAPTER  VI. 

Mr.  Jackson  appointed  a  major-general.  Negotiation  with  the  Mus- 
cogees.  Correspondence  with  governor  3Ianriquez.  Generatl 
Jackson  invades  Florida ;  takes  Pensacola.  Barrancas  destroyed. 
The  troops  evacuate  Florida.  General  Jackson  repairs  to  New 
Orleans.  Measures  of  defence.  Arrival  of  the  enemy.  Capture 
of  the  flotilla  on  Lake  Borgne.  Conduct  of  the  people  of  Louisiana. 
General  Jackson  proposes  to  suspend  the  right  of  Habeas  Corpus. 
Reply  of  the  Legislature.     Proclamation  of  martial  law. 

The  successes  of  general  Jackson  attracted  tlie 
attention  of  the  nation,  and  in  the  latter  part  of  May 
he  received  a  major-general's  commission  in  the 
regular  army.     It  was  promptly  accepted. 

Since  the  conquest  of  the  Muscogees  no  treaty 
had  been  made  with  them  by  w^hich  their  future 
conduct  might  be  regulated.  The  first  service  our 
hero  was  required  to  perform  in  his  new  capacity 
was  to  negotiate  a  peace  with  them,  in  which  he 
was  to  prescribe  the  conditions  as  to  a  conquered 
people.  In  this  treaty,  which  was  held  on  the 
banks  of  the  Alabama  about  the  middle  of  August, 
the  Muscogees  promised  to  hold  no  intercourse 
with  foreign  emissaries,  or  with  British  or  Spanish 
garrisons  ;  to  allow  to  American  citizens  a  free  navi- 
gation of  all  their  waters;  and  to  allow  no  agent  or 
trader  to  come  among  them,  unless  sanctioned  by 
the  legal  authorities  of  the  United  States.  They 
were  further  required  to  cede  a  large  portion  of 


LIFE    OF    JACKSON. 


63 


iheir  territory ;  but  to  this  article  they  made  a 
vehement  opposition.  They  were  aware  that  it 
would  preclude  the  possibility  of  their  existence 
as  hunters.  General  Jackson  would  listen  to  no 
remonstrance,  and  they  were  compelled  to  yield 
their  lands  west  of  the  Coosa,  which  now  form  the 
greater  part  of  the  State  of  Alabama.  The  chiefs 
of  the  friendly  Creeks  also  proposed  that  two  tracts 
of  land  should  be  reserved  for  two  individuals  to 
whom  they  were  attached,  and  another  for  general 
Jackson  himself,  in  token  of  their  gratitude  for  the 
protection  he  had  afforded  them  during  the  war. 
The  general  forwarded  the  article  to  the  Govern- 
ment, and  recommended  its  adoption,  telling  the 
Creeks  that  if  it  should  be  admitted,  '  the  presi- 
dent might  if  he  would'  apply  the  value  of  his  part 
to  the  relief  of  those  Creeks  who  had  suffered 
most  in  the  war.^  The  senate  never  sanctioned 
the  proposal,  and  the  president  was  consequently 
deprived  of  an  opportunity  to  prove  his  regard 
for  the  distressed  Muscogees. 

Now  comes  a  part  of  general  Jackson's  career, 
in  which  his  ignorance  of  and  disregard  for  the 
laws  of  nations  were  made  shamefully  manifest. 
The  Creeks,  who  had  not  agreed  to  the  national 
capitulation,  were  about  Pensacola  and  on  the 
Escambia  river.  It  was  alleged  that  they  were 
dangerous  to  the  American  frontier  ;  whether  truly 
or  not  we  have  no  means  to  determine.  At  any 
rate  they  were  suffered  to  remain  undisturbed  by 
the  Spanish  authorities,  and  received  comfort  nnd 
countenance  from  them.     In  this  the  governor  of 

*  Minutes  of  the  treaty  by  colonel  Hawkins,  which  do 
not  agree  with  the  account  Mr.  Jackson  himself  gave  hia 
biographer. 


64  LIFE    OF    JACKSON. 

florida  was  not  singular.  The  same  policy  baa 
beeD,  and  still  h  observed  by  the  British  and 
American  governments  toward  the  Indians  near 
their  common  boundary,  who  are  furnished  with 
arms,  kc.  on  both  sides.  The  system  did  not 
meet  the  approbation  of  general  Jackson,  whose 
wratfj,  moreover,  against  the  fugitive  Creeks  was 
Dot  yet  assuaged.  He  wrote  to  the  secreiar)'  of 
war  for  authority  to  take  possession  of  Pensacola, 
but  received  no  encouragement,  or  more  properly 
no  answer.  His  choler  was  farther  aggravated  by 
hearing  that  a  British  force  had  been  f>€rmitted  to 
land  in  the  bay  of  St.  Rose.  Forthwith  he  ad- 
dressed a  peremptory  letter  to  governor  Manriquez, 
demanding  that  the  hji-jstile  Indian  chiefs  should  be 
delivered  into  bis  hands.*  By  what  right  ?  If  these 
men  had  taken  refuge  in  France  or  Spain  the 
laws  of  hospitality  and  of  nations  would  not  have 
justified  those  powers  in  delivering  them  up ;  and 
why  should  those  laws  be  less  obligatory  on  a 
colony  than  the  parent  country  ? 

The  answer  of  the  Spanish  officer  urged  these 
considerations,  and  demanded  if  Mexican  insur- 
gents were  not  received  in  the  United  Slates,  and 
there  suffered  to  plot  and  act  against  the  govern- 
ment of  Spain.  The  analogy  was  perfect.  As  to 
having  suffered  British  subjects  to  distribute  arms 
among  the  Indians,  he  justified  it,  on  the  ground  that 
the  obligations  of  a  treaty  btrtwefrn  Grr/dX  Britain 
and  certain  Muscogees  had  devolved  on  Spain. 
The  pirate  La  Fiite,  he  also  urged,  brought  Spanish 
vessels  into  the  f>orts  of  Ixjuisiana,  and  there  sold 
them  and  their  cargr>es  without  let  or  rriolestation. 

•  Katon. 


LIFE    OF    JACKSOX.  tK> 

It  seems  from  this,  iliai  liie  cause  of  complaint 
was  as  much  on  the  side  of  Spain  as  on  thai  of 
tlie  United  Stales.  The  arguments  of  governor 
31anriquez  were  not  easily  to  be  answered  ;  and. 
the  tone  of  general  Jackson's  rejoinder,  proved 
that  he  found  them  so.  He  threatened  to  pay  the 
governor  a  visit,  and  entreated  him  not  to  consider 
him  a  diplomatist.  Mill  he  should  have  proclaimed 
himself  such  at  the  mouth  of  his  cannon.'*  It  is 
probable  that  governor  ^lanriquez,  if  he  had  at 
tirsl  considered  him  such  an  oliicial,  was  now  Con- 
vinced of  his  mistake  by  our  hero's  want  of  knowl- 
edge and  dignity. 

After  the  failure  of  the  attack  on  Fort  Bowyer, 
which  it  is  no  part  of  our  plan  to  describe,  the 
British  fleet  put  into  die  harbor  of  Ponsacola  to 
refit. f  As  Spain  and  Great  Britain  were  then  at 
peace,  governor  Manriquez  was  surely  justifiable  in 
receiving  them.  We  should  hardly  have  thought 
such  a  remark  necess;>ry,  if  ilie  fact  had  not  been 
made  a  subject  of  complaint  by  o«r  hero.  Indeed, 
that  learned  Thoban  major  Eaton,  says  tliat  in 
this  Spain  put  herself  in  a  belligerent  attitude,  and 
deserved  to  be  treated  accordingly.  The  general 
wrote  again  to  die  secretary  of  war,  to  urge  the 
necessity  of  advancing  on  Pensacola,  but  no  answer 
was  returned.  He  then  rc:folved  to  take  the  re- 
sponsibility on  himself,  and  sent  his  adjutant-general 
to  Tennessee,  widi  orders  to  raise  volunteers.  Gkni- 
eral  Cotlee  contributed  his  aid,  and  on  the  :^Sth  of 
September,  arrived  at  the  place  of  rendezvous  with 
two  thousand  men.  The  adjutant-general  was  also 
successful  in  his  levies,  and  a  considerable  body 

*  Seo  t!io  Correspondence.        t  Annals  of  llio  late  war. 
5 


66  LIFE    OF    JACKSON. 

were  collected  from  the  forts  established  by  general 
Jackson  in  the  conquered  Muscogee  territory.  The 
whole  joined  the  general  near  Mobile,  and  made, 
together  with  the  regular  troops  and  Creek  allies, 
upwards  of  three  thousand  men. 

General  Jackson  immediately  took  up  the  line 
of  march  for  Pensacola,  which  he  reached  on  the 
6th  of  November.  If  this  measure,  setting  aside 
what  followed,  was  not  equivalent  to  a  declaration 
of  war  against  Spain,  on  the  responsibility  of  one 
unauthorized  individual,  then  have  we  a  wrong 
view  of  the  subject. 

The  Spanish  governor  was  advised  of  his  ap- 
proach, and  had  taken  measures,  in  conjunction 
with  the  British  forces  there  present,  to  resist. 
The  forts  commanding  the  town  were  manned, 
batteries  were  laid  in  the  principal  streets,  and  the 
British  vessels  were  moored  in  the  bay,  so  as  to 
command  the  approaches  to  the  town.  The 
American  general  paused  for  a  moment. 

He  sent  major  Piere  with  a  flag  to  Fort  St.  Mi- 
chael, to  expain  the  object  of  his  visit.  The  Span- 
ish garrison  fired  on  the  gallant  major,  and  compelled 
him  to  retire.  The  general  was  then  obliged  to 
send  his  letter  by  a  Spanish  prisoner  he  had  taken 
the  day  before.  Governor  Manriquez  answered 
that  he  was  willing  to  listen  to  any  overtures,  and 
at  midnight,  Major  Piere  was  again  sent  to  assure 
the  Spaniards  of  the  friendly  and  peaceful  intentions 
of  his  chief,  and  to  demand  the  surrender  of  Pen- 
sacola and  its  forts  within  an  hour,  on  pain  of  storm 
and  massacre.  The  answer  to  this  very  friendly 
and  pacific  proposal  not  being  satisfactory,  general 
Jackson  prepared  to  put  his  threat  in  execution. 
It  had   been   expected   in  Pensacola,   thai    he 


LIFE    OF    JACKSON.  67 

would  approach  by  the  road  on  which  he  was  en- 
camped, but  he  did  not  so.  In  the  morning  early, 
five  hundred  men  were  ordered  to  show  themselves 
in  this  direction  and  amuse  the  enemy,  while  the 
rest  should  make  a  detour  and  gain  the  town  at  an- 
other point.  The  stratagem  succeeded  completely  ; 
the  troops  entered  the  town  without  being  annoyed 
by  the  fire  of  the  British  vessels,  and  captain 
Laval's  company  instantly  charged  and  carried  a 
Spanish  batter}^  in  the  street.  The  inhabitants 
fired  on  the  troops  fiom  their  windows,  and  the 
conflict  raged,  always  to  the  disadvantage  of  the 
Spaniards,  till  the  governor,  remembering  Jack- 
son's threats  and  fearing  a  general  massacre, 
hastened,  with  a  flag  of  truce,  to  capitulate.  He 
granted  all  the  demands  that  had  been  made  without 
reserve.  Some  difficulties  occurred  touching  the 
surrender  of  Fort  St.  Michael,  but  it  was  given  up 
the  next  morning.  On  receiving  the  surrender  of 
the  place,  general  Jackson  promised  that  it  should 
be  restored  to  Spain,  as  soon  as  that  power  should 
be  able  to  maintain  her  authority  better. 

The  fort  of  Barrancas  was  fourteen  miles  dis- 
tant, and  the  troops  were  moving  to  reduce  it,  by 
force  if  resisted,  when  a  terrible  explosion  arrested 
their  march.  The  commandant  had  blown  it  up, 
and  the  British  fleet  retired  from  the  bay.  The 
Indians  finding  that  a  neutral  territory  was  no  pro- 
tection for  them,  fled  to  the  Apalachicola,  where 
they  concealed  themselves. 

The  loss  of  the  Americans  in  this  affair  was  very 
trifling ;  fifteen  or  twenty  were  wounded,  but  none 
killed.  General  Jackson  immediately  restored  all 
he  had  taken  and  returned  to  Mobile  with  his 
army.      Thus   ended  this  wretched  campaign,  in 


68  LIFE    OF    JACKSON. 

which  no  object  was  attained,  unless  some  blood- 
shed, much  injury,  and  a  stigma  on  the  American 
name  be  considered  such.  But  this,  according  to 
general  Jackson's  panegyrists,  was  '  carrying  his 
arms  where  he  could  find  his  enemies.'  On  the 
same  broad  principle,  he  might  have  carried  them 
to  any  port  in  Europe  where  a  British  ship,  or  an 
Indian  fugitive  could  be  found.  Further  comment 
is  needless. 

Being  now  satisfied  that  an  attempt  would  be 
made  on  New-Orleans, generalJackson  put  Mobile 
in  a  state  of  defence,  and  started  for  the  Missis- 
sippi on  the  22d  of  November.  He  arrived  in 
New  Orleans  on  the  first  of  the  next  mondi,  and 
established  his  head  quarters  there.  He  daily  ex- 
pected the  militia  of  Kentucky  and  Tennessee, 
than  whom  no  troops  ever  were  braver,  though 
they  were  ignorant  of  discipline  and  indifferently 
armed. 

We  must  be  brief  in  relating  the  measures  taken 
by  our  hero  for  the  defence  of  the  place.  He 
reviewed  the  city  volunteer  companies,  improved 
the  capacity  of  Fort  St.  Philip  lower  down,  and 
cut  down  the  woods  that  might  have  obstructed 
the  fire  of  its  batteries.  He  caused  a  strong 
battery  to  be  thrown  up  on  the  site  of  old  Fort 
Bourbon.  Another  work  was  constructed  a  mile 
above  Fort  St.  Philip.  These  fortifications  com- 
pletely commanded  the  river  for  two  miles.  At 
and  near  Terre  aux  Boeufs,  twelve  miles  below  the 
city,  two  more  batteries  were  erected,  completing 
the  line  of  defence  in  that  direction. 

At  the  Rigolet,  the  Fort  of  Petite  Coquille, 
commanded  the  passage.  It  was  believed,  too,  that 
commodore   Patterson,  with  the  gun-boats,  would 


LIFE    OF    JACKSON. 


be  able  to  repel  any  attack  here.  Scarcely  were 
the  general's  preparations  complete,  when  the 
English  fleet  appeared  off  Cat  and  Ship  Island, 
near  the  American  hnes.  We  beg  our  readers 
to  consult  the  maps  of  New  Orleans  and  its  vicin- 
ity, which  are  abundant,  and  so  spare  us  the  dry 
task  of  describing  the  localities  more  minutely  ; 
neither  shall  we  need  to  give  the  lesser  details  of 
the  subsequent  operations,  as  they  have  been  de- 
scribed in  at  least  a  hundred  thousand  newspapers, 
to  the  great  prejudice   of  the  American  people. 

On  the  loth,  one  of  the  American  gun-boats  on 
Lake  Borgne,  was  attacked  by  the  enemy ;  her 
commander  blew  her  up,  and  escaped  with  his 
crew  by  land.  The  next  day,  the  whole  flotilla  was 
attacked  at  the  Rigolet,  the  passage  between  lakes 
Borgne  and  Ponchartrain,  by  the  British  forces, 
which  came  on  in  forty-three  boats.  They  were 
in  all  twelve  hundred  men.  After  a  gallant  de- 
fence of  an  hour's  duration,  the  gun-boats  were  all 
captured,  and  the  enemy  returned  to  their  shipping 
widi  their  prisoners.  One  obstacle  to  their  ap- 
proach to  New  Orleans  was  now  removed  ;  but 
to  remedy  this  disaster  General  Jackson  ordered 
a  battalion  of  negro  troops  to  post  themselves  on, 
and  defend  the  road  between  the  head  of  Lake 
Borgne  and  New  Orleans.  Men  and  several 
pieces  of  cannon  were  also  sent  to  Bayou  St.  John, 
on  Lake  Ponchartrain,  and  directly  opposite  the 
city,  where  it  was  feared  the  enemy  might  land. 

In  the  mean  while,  the  Louisianians  zealously 
co-operated  with  general  Jackson,  and  a  levy  en 
masse  of  the  inhabitants  took  place.  The  negroes 
volunteered  their  services.  Even  the  old  men 
organized  themselves  into  companies.    The  French 


70  LIFE    OF    JACKSON. 

citizens  in  particular  were  not  backward.  Th^ 
Legislature  put  sixty-five  thousand  dollars  into  the 
general's  hands  to  be  expended  on  fortifications, 
&c.  ;  every  page  of  its  journals  contains  some 
proof  of  its  patriotism.  Nevertheless,  one  part  of 
its  proceedings  displeased  our  hero  much.  Many 
of  the  Louisiana  volunteers,  when  they  offered  to 
put  themselves  under  his  command,  made  it  a 
condition  that  they  should  not  be  required  lo  march 
out  of  the  State.  Contrary  to  his  expectation  and 
request,  the  Legislature  justified  their  conduct, 
as  indeed  the  demand  of  their  obedience  without 
restriction,  was  illegal,  unnecessary,  and  oppressive. 
Moreover,  the  general  had  received  private  intima- 
tions that  the  city  contained  many  spies,  traitors,  and 
dangerous  and  disaffected  persons.  As  none  of 
these  were  ever  pointed  out,  and  as  there  is  not 
the  slightest  proof  of  any  treasonable  act,  we  must 
believe  his  information  was  erroneous.  Yei,  with 
a  view  of  getting  the  whole  population  of  Louisiana 
into  his  sole  power,  he  proposed  to  the  Legislature 
to  suspend  the  right  of  Habeas  Corpus.^ 

There  may  be  some  who  do  not  understand  how 
the  rights  of  the  citizens  were  to  be  affected  by 
the  measure  thus  proposed.  For  the  information 
of  such,  we  say  that  the  writ  of  Habeas  Corpus  is 
a  privilege  that  any  citizen  may  demand  when 
imprisoned,  whether  by  authority  or  without  it, 
provided  the  imprisonment  be  not  on  execution, 
or  on  conviction  of  some  crime.  It  is  addressed 
to  the  custodier  of  the  prisoner,  or  to  the  com- 
plainant, who  is  required  to  bring  his  charge  be- 
fore the  court,  and  show  cause  why  he  should  be 

*  Records  of  the  Legislature. 


LIFE    OF    JACKSON.  71 

detained.  When  the  prisoner  is  brought  before 
the  court,  and  the  cause  of  his  restraint  is  made 
manifest,  it  is  the  duty  of  the  court  to  determine 
whether  he  be  legally  detained  or  not.  If  the 
cause  be  not  legally  sufficient,  the  court  may  re- 
lease him,  or  otherwise  remand  him  to  prison.  It 
will  be  seen  at  once,  that  this  right  secures  the 
personal  liberty  of  the  chizen.  The  power  to 
suspend  it,  rests  only  in  the  highest  legislative  au- 
thority. Could  he  succeed  in  procuring  this  exer- 
cise of  the  legislative  power  of  Louisiana  general 
Jackson  might  impress  any  man  into  the  service, 
and  the  person  so  impressed  would  have  no  means 
of  escape  or  redress. 

The  Legislature  replied  to  general  Jackson,  that 
so  violent  a  measure  would  chill  the  patriotic  enthu- 
siasm every  where  prevailing,  and  in  short,  declined 
it  altogether.  He,  as  may  have  been  seen  already, 
was  not  a  man  to  suffer  the  laws  to  restrain  the 
exercise  of  his  judgment;  on  the  15th,  he  issued 
a  proclamation  declaring  the  right  of  Habeas  Cor- 
pus suspended,  and  martial  law  in  force.  All 
persons  entering  the  city  were  required  to  report 
themselves,  on  pain  of  arrest.  None  were  to  leave 
it  without  permission,  nor  w^as  any  vessel  to  navi- 
gate the  river  or  the  lakes  without  a  passport.  All 
persons  found  in  the  streets  after  nine,  P.  M.  were 
to  be  apprehended  as  spies  and  examined. 

We  are  willing  to  believe  that  this  violent- and 
unauthorized  usurpation  of  authority,  this  invasion 
of  private  rights,  and  infraction  of  the  constitution, 
was  the  result  of  patriotic  motives.  No  other  can 
be  supposed  ;  the  course  he  took  did  not  promote 
our  hero's  private  interests,  nor  could  he  possibly 
have  thought  he  was  laying  the  foundation  of  per- 


72  LIFE    OF    JACKSON. 

manent  power.  He  had  taken  the  information  he 
had  received  for  gospel,  and  beheved  the  procla- 
mation of  martial  law  advisable.  His  arbitrary  and 
impatient  disposition  was  inflamed  by  opposition, 
and  he  hastened  to  prove  that  his  authority  was 
not  to  be  undervalued.  His  conduct  on  this  oc- 
casion has  attracted  much  blame  and  some  praise. 
The  result  was  happy  and  saved  him  from  the 
punishment  justly  due  to  his  folly  and  rashness. 
Some  there  are  who  believe  that  New  Orleans  had 
been  better  lost,  than  saved  by  the  proclamation  of 
martial  law,  supposing  this  to  have  been  the  mean 
of  hs  salvation,  which  it  was  not.  If  a  military 
officer  be  allowed  to  abrogate  the  laws  and  the 
provisions  of  the  constitution  at  his  pleasure  our 
fathers  fought  and  bled  in  vain.  We  had  better 
have  remained  subjects  of  the  British  crown.  Pre- 
cedents are  most  hazardous.  In  the  language  of 
Junius,  *  what  has  been  done  once,  may  be  done 
again.'  None  should  be  suffered  to  become  a 
rule,  without  the  utmost  caution  and  the  most 
critical  investigation.  The  one  in  question,  is 
fraught  with  deadly  evil,  as  has  been  seen  in  some 
degree,  and  we  fear  some  of  its  consequences  are 
yet  to  be  felt. 


CHAPTER  VII. 

Arrival  of  general  Coffee.  Landing  of  the  enemy.  Night  attack. 
General  Jackson's  line  of  defence.  Destruction  of  the  Caroline. 
Attack  on  the  American  line.  Outrage  on  the  Legislature.  Anec- 
dote. Arrival  of  the  Kentucky  troops.  General  Jackson's  meas- 
ures. The  Battle  of  Neav-Orleans.  Bravery  of  the  Lou- 
isiana troops.     Operations  on  the  right  bank.     A  truce. 

General  Coffee  arrived  on  the  20th  of  the  month, 
with  twelve  hundred  and  fifty  of  the  men  of  Ten- 
nessee. Colonel  Hinds  came  about  the  same  time, 
with  a  hundred  and  eighty  of  the  Mississippi  dra- 
goons. On  the  21st,  general  Carroll  appeared 
with  the  rest  of  the  Tennesseans.  All  these  brave 
men  had  met  very  severe  privations  and  perils  on 
their  ways,  with  a  resolution  that  gave  earnest  of 
their  value. 

On  the  night  of  the  22d,  the  enemy  effected  a 
landing  at  Bayou  Bienvenue,  a  lagune  of  consider- 
able extent,  stretching  from  Lake  Borgne  to  within 
fifteen  miles  of  New  Orleans.  They  made  prison- 
ers of  a  party  of  militia,  and  reached  the  bank  of 
the  Mississippi,  nine  miles  below  the  city,  undis- 
covered. Here  too  they  captured  a  company  of 
militia.  The  tidings  of  this  event  reached  general 
Jackson  at  noon  thd'next  day.  He  at  once  per- 
ceived that  an  immediate  effort  was  necessary  to 
save  New  Orleans,  and  resolved  to  give  the  enemy 
battle  as  soon  as  might  be.     The  Tennessee  troops, 


74  LIFE    OF    JACKSON. 

the  city  militia,  the  Mississippi  dragoons,  and  other 
forces,  amounting  in  all  to  upwards  of  two  thou- 
sand men,  were  in  readiness  to  march  within  two 
hours.  The  schooner  Carohne  was  ordered  to 
drop  down  opposite  the  enemy's  position ;  which 
attained,  she  was  to  anchor  and  deliver  her  fire. 
This  was  to  be  the  signal  for  a  genera]  attack. 

The  troops  came  within  view  of  the  British  troops 
a  little  before  dark.  At  half  past  seven,  the  Caro- 
line began  to  throw  showers  of  grape  and  canister 
shot  among  them,  with  such  deadly  effect  that  they 
were  compelled  to  retire  three  hundred  yards  in 
rear  of  their  first  position.  Even  then  they  were 
excessively  annoyed  by  her  guns.  Their  compel- 
led change  of  place  brought  their  right  in  contact 
with  general  Coffee  sooner  than  that  officer  had 
€xpected.  His  men  opened  a  fire  so  destructive 
that  the  enemy  gave  w^ay,  but  soon  rallied  again. 

The  moon  shone,  but  not  brightly  enough  to  ad- 
mit of  much  manoeuvring,  a  circuriistance  that  gave 
the  Americans  some  advantage.  The  enemy's 
right  frequently  endeavored  to  form,  but  were  as 
often  compelled  to  retreat  by  general  Coffee.  This 
continued  till  the  British  troops  were  forced  to  the 
river  bank. 

While  the  left  wing  was  thus  engaged,  general 
Jackson  attacked  the  enemy's  left  flank.  The 
British  troops  had  gained  a  favorable  position  be- 
tween two  levees,  or  embankments,  which  had  been 
raised  to  resist  the  encroachments  of  the  Missis- 
sippi. Here  they  were  in  some  degree  sheltered 
from  the  fire  of  the  American  riflemen  and  the 
guns  of  the  Caroline.  They  resisted  bravely  for 
half  an  hour,  giving  ground,  however  5  when  a  dense 
fog  arising,  and  the  American  left  getting  into  dis- 


LIFE    OF    JACKSON.  75 

order,  general  Jackson  judged  it  prudent  to  discon- 
tinue the  contest. 

In  this  battle,  though  no  decisive  advantage  was 
gained,  the  British  troops  had  the  worse.  Their 
lines  were  repeatedly  forced,  and  they  were  com- 
pelled to  retire  several  times.  At  the  beginning  of 
the  conflict  their  number  was  four  thousand,  and 
they  received  reinforcements  before  it  was  over. 
On  the  other  hand,  our  army  did  not  amount  to 
much  more  than  two  thousand  men.  All  did  them- 
selves honor,  and  the  volunteers  of  New  Orleans 
did  not  distinguish  themselves  least.  If  we  seek 
for  the  cause  of  general  Jackson's  success,  we  must 
find  it  probably  in  the  darkness  of  the  night,  which 
prevented  the  enemy  from  discovering  with  how 
small  a  force  he  had  to  contend.  If  he  had  known 
he  was  engaged  with  mere  riflemen,  without  bay- 
onets, the  result  must  have  been  different.  Our 
troops  lost  about  a  hundred  men  in  slain,  wounded, 
and  missing.  The  loss  of  the  enemy  was  never 
ascertained,  but  must  have  been  much  greater. 
The  greatest  good  gained  by  this  night  attack  was 
its  moral  efliect  on  the  raw  troops,  who  were  highly 
elated,  and  desirous  to  follow  up  their  success. 

The  troops  encamped  within  a  short  distance  of 
the  field  of  battle,  while  the  Caroline  continued  to 
train  her  guns  on  the  British  lines,  and  that  with 
considerable  effect.  The  general  had  at  first  in- 
tended to  renew  the  attack  in  the  morning,  and 
sent  orders  to  the  city  for  general  Carroll  to  join 
him  with  his  brigade.  But  having  ascertained  the 
enemy's  numerical  superiority,  he  changed  his 
plan,  fell  back,  and  formed  his  line  behind  a  deep 
ditch  at  right  angles  with  the  river,  and  defended 
on    the    left    by    an    almost    impervious    swamp. 


76  LIFE    OF    JACKSON. 

The  earth  that  had  been  thrown  out  of  the  ditcL 
answered  all  the  purposes  of  a  parapet.  The 
'whole  width  of  the  pass  was  but  four  hundred 
yards.  The  general  exerted  his  utmost  powers  to 
strengthen  this  advantageous  position,  setting  his 
army  a  noble  example  of  activity,  industry,  and 
fortitude.  It  is  on  record  that  he  did  not  allow 
himself  rest  or  sleep  till  the  night  of  the  27th,  when 
his  line  of  defence  was  completed.  Too  much 
praise  can  scarcely  be  given  to  the  troops,  W'ho,  ill 
clad,  in  the  severity  of  winter,  kept  their  wet  and 
unwholesome  ground  with  great  patience  and  spirit. 
The  conduct  of  the  Louisianians  at  this  juncture 
completely  refuted  the  reports  which  had  induced 
general  Jackson  to  subject  them  to  martial  law. 
As  soon  as  the  sufferings  of  the  troops  were  known 
the  Legislature  appropriated  a  large  sum  to  their 
relief,  which  was  much  increased  by  private  con- 
tributions. The  ladies  of  the  city  employed  them- 
selves in  making  such  articles  of  clothing  as  were 
most  needed,  and  the  hospitals  were  abundantly 
supplied  with  all  attainable  comforts.  The  nun- 
nery was  converted  into  an  extra  hospital  for  the 
wounded,  and  the  surgeons  and  physicians  exerted 
themselves  indefatigably  without  fee  or  reward."^ 
This  campaign,  the  most  noted  in  the  annals  of  the 
late  war,  was  rendered  yet  more  so  by  the  active 
humanity  of  the  citizens  of  New  Orleans.  Surely, 
such  a  people  did  not  deserve  to  be  stigmatized  as 
spies  and  traitors. 

After  the  battle  of  the  23d,  the  schooner  Caro- 
line had  remained  opposite  the  British  encamp- 
ment, as  there  had  been  no  wind  strong  enough  to 

*  All  authorities  concur  to  establish  these  facts. 


LIFE    OF   JACKSON.  77 

carry  her  up  the  river.  By  dropping  down,  she 
might  have  left  her  dangerous  position,  but  her  gal- 
lant commander,  commodore  Patterson,  would  not 
think  of  depriving  the  army  of  her  assistance,  in 
case  it  should  be  attacked.  He  therefore  waited 
for  a  wind  to  take  her  up  to  the  American  line  of 
defence.  On  the  morning  of  the  27th,  the  enemy 
threw  up  a  battery  opposite,  and  at  the  second  dis- 
charge set  her  on  fire  with  a  red  hot  shot.  Her 
crew  were  thus  obliged  to  abandon  her,  and  had 
scarcely  reached  the  shore  when  she  blew  up. 
They  were  afterwards  usefully  employed  as  artil- 
lery men. 

On  the  2Sth,  the  British  line  got  in  motion  in 
order  to  storm  the  American  works.  At  the  dis- 
tance of  half  a  mile  their  artillery  began  a  discharge 
of  shot,  shells,  and  rockets,  which  did  not,  how- 
ever, shake  the  firmness  of  our  troops.  At  the 
same  time  the  British  columns  moved  forward  in 
order  of  battle,  till  the  American  artillery  opening, 
compelled  them  to  halt.  The  armed  sloop  Louis- 
iana, too,  then  lying  in  the  river,  on  perceiving  their 
approach,  brought  her  broadside  to  bear  on  them 
with  very  important  effect.  Finding  that  his  guns 
could  neither  make  a  breach  in  Jackson's  line  of 
defence,  nor  silence  the  fire  of  the  sloop,  the  Brit- 
ish commander  gav^e  orders  for  a  retreat.  An  at- 
tempt to  burn  the  Louisiana  with  hot  shot  wholly 
failed,  so  that  the  enemy  gained  no  advantage  what- 
ever. There  was  no  great  loss  on  either  side,  but 
the  British  troops  suffered  much  the  most.* 

While  these  proceedings  were  going  on,  general 
Jackson  had  an  opportunity  to  prove  his  decision, 

*  Official  Report. 


78  LIFE    OF    JACKSON. 

though  in  a  manner  his  true  friends  have  regretted 
ever  since.     He  received  an  intimation,  one  of  the 
rumors  that  flew  on  every  wind,  that  it  was  the  in- 
tention of  the  Legislature,   in  case   he  should  he 
defeated,  to  offer  the  enemy  terms  of  capitulation. 
It  is  certain  that  that  honorable  body  never  origin- 
ated or  discussed  such  a  measure.     They  alter- 
wards  solemnly   denied  the   imputation,  and   had 
they  not,  such  a  course  did  not  in  the  least  corres- 
pond with  the  uniform  tenor  of  their  proceedings, 
which  alone  would  be  a  sufficient  refutation  of  the 
calumny.      However,    general   Jackson,    fearfully 
incensed,  and  without  troubling  himself  to  investi- 
gate the  matter,  forthwith  wrote  a  letter  to  gov- 
ernor Clairborne,  who,  it  seems,  was  as  passive  an 
implement  in  his  hands  as  his  sword.     This  per- 
sonage was  directed  to  inquire  strictly  into  the  re- 
port, and,  if  he  found  it  true,  to  '  blow  the  Legis- 
lature into  the  air  !''^   Governor  Clairborne  showed 
himself  an  apt  pupil  of  the  Jackson  school  on  this 
occasion.    He  marched  an  armed  force  into  the  hall 
of  the  Legislature,  and  expelled  the  members  with- 
out ceremony,  at  the  point  of  the  bayonet. f    Doubt- 
less the  general  acted  rashly  as  well  as  harshly,  for 
he  would  have  had  ample  time,  even  had  he  been 
defeated,  to  have  counteracted  the  proceedings  of 
any  civil  body.    Yet  it  maybe  said,  in  extenuation  of 
his  hasty  resolution,  that  he  had  declared  his  inten- 
tion to  burn  the  city,  if  beaten,  and  might  therefore 
naturally  believe  the  assembly  willing  to  save  their 
home  by  any  means.     In  the  heat  of  battle,  too,  it 
would  be  unreasonable  to  require  a  commanding 
officer  to  give  deep  attention  to  other  matters  than 

"^  Latour's  Memoirs.  t  See  the  Record. 


LIFE    OF    JACKSON.  79 

those  in  hand,  or  to  choose  his  words  discreetly. 
generalJackson  Is  therefore  justified,  in  some  small 
degree,  and  the  odium  of  his  orders  must  rest  on 
governor  Clairborne,  who  transcended  them  without 
any  such  excuse. 

After  their  expulsion  from  their  own  chamber, 
the  legislature  adjourned  to  the  city  hall,  and  held 
their  sittings  there. 

From  this  time  to  the  8th  of  January,  no  impor- 
tant military  operations  took  place.  There  were 
some  trifling  skirmishes,  and  an  occasional  cannon- 
ade, but  nothing  to  change  the  relative  position  of  the 
two  armies.  To  repair  the  damage  caused  by  the 
enemy's  cannon,  general  Jackson  seized  a  consid- 
erable quantity  of  cotton,  and  filled  up  the  breaches 
with  it.  Connected  with  this  circumstance  is  an 
anecdote,  which,  as  it  serves  to  illustrate  the  char- 
acter of  the  man,  it  will  be  proper  to  relate.  Our 
readers  will  probably  remember  a  similar  one  of 
Oliver  Cromwell. 

The  man  to  whom  the  bales  belonged  complain- 
ed to  general  Jackson,  and  demanded  their  restora- 
tion. Finding  that  he  was  not  enrolled  in  any 
corps,  the  general  put  a  musket  into  his  hand  and 
ordered  him  into  the  ranks  ;  remarking,  that  as  he 
was  a  man  of  property,  none  could  be  more  proper 
to  defend  it.  We  must  say  that  strict  justice  was 
done  here,  though  not  according  to  rule."^ 

'  Honor  to  whom  honor  is  due  :'  we  will  give  some 
account  of  our  hero's  preparations  to  repel  attack. 
We  have  already  given  a  description  of  his  posi- 
tion. Along  the  centre  of  his  line,  at  unequal  in- 
tervals, were  placed   cannon  of  different  calibres. 

""  Eaton. 


so  LIFE    OF    JACKSOX. 

On  the  right  was  a  redoubt,  with  several  pieces  of 
artillery,  so  placed  as  to  command  the  whole  front. 
General  Coffee's  brigade  defended  the  left,  while 
general  Carroll  with  his  troops  and  a  large  body  of 
iCentuckians  occupied  the  centre.  The  ground 
between  the  two  armies  was  a  level  plain.  On  the 
right  bank  of  the  river  were  posted  a  regiment  of 
Louisiana  milhia,  and  about  four  hundred  of  the 
Kentucky  troops,  under  general  Morgan.  They 
threw  up  a  line  of  defence  similar  to  that  of  general 
Jackson,  its  right  being  covered  by  a  thick  swamp, 
and  its  left,  which  rested  on  the  river,  protected  by 
a  strong  redoubt,  commanded  by  commodore  Pat- 
terson. 

On  the  4th  of  January  the  long  expected  Ken- 
tucky militia  arrived,  to  the  number  of  two  thou- 
sand two  hundred  and  fifty  men.  Not  more  than 
a  third  had  arms,  and  even  after  every  exertion 
had  been  made  to  supply  them,  a  great  many  were 
obliged  to  stand  idle. 

In  the  event  of  a  defeat,  general  Jackson's  mea- 
sures were  taken  :  two  miles  in  rear  of  his  position 
he  had  chosen  another  line  w^here  his  men  might 
rally,  and  the  dragoons  had  orders  to  check  the 
pursuit  until  it  should  be  reached.  All  his  unarmed 
men  were  stationed  here,  in  order  to  impose  on  the 
enemy  by  a  show  of  numerical  strength.  If  driven 
from  his  first  position  he  intended  to  make  the 
greatest  possible  resistance  at  this  second  line. 

On  the  7th,  a  great  bustle  in  the  British  camp 
gave  warning  of  an  impending  attack,  and  it  was 
discovered  that  a  part  of  the  enemy's  forces  were 
preparing  to  cross  the  river,  evidently  in  order  to 
attack  general  Morgan's  position.  Morgan  there- 
fore sent  forward  a  party  of  two  hundred  men  to 


LIFE    OF   JACKSON.  81 

obstruct  and  give  notice  of  their  landing.  On  the 
left  bank  all  was  in  readiness,  and  the  soldiers 
panted  for  the  hour  of  trial. 

At  daybreak  two  rockets  gave  the  signal  of  at- 
tack, and  the  American  pickets  were  instantly 
driven  in.  Several  batteries,  which  had  been  pre- 
pared during  the  night,  opened,  and  the  air  was 
filled  with  a  storm  of  shot,  shells,  and  rockets. 
This  discharge  produced  no  effect. 

A  dense  fog,  the  funeral  pall  of  thousands  of  the 
British  troops,  hid  their  approach.  They  came  on 
in  two  solid  columns  of  attack,  directed  severally 
against  the  right  and  left  of  the  line.  They  march- 
ed firmly,  slowly,  and  in  good  order,  the  front  ranks 
carrying  fascines  to  fill  the  ditch,  and  scaling  lad- 
ders to  mount  the  parapet.  As  soon  as  they 
emerged  from  their  shroud  of  vapor,  they  were 
greeted  with  a  general  discharge  of  artillery  and 
small  arms.  Hundreds  dropped  on  the  spot.  From 
that  moment,  the  affair  was  rather  a  butchery  than 
a  batde.  The  Americans,  safe  behind  their  em- 
bankment, and  matchless  as  marksmen,  awaited 
them  steadily,  throwing  litde  of  their  lead  away. 
The  report  of  their  small  arms  was  as  litde  inter- 
rupted as  the  roll  of  a  drum,  while  at  the  same 
time  the  artillery  mowed  down  whole  ranks.  Few 
troops  could  have  stood  a  fire  so  destructive. 
They  still  pressed  on  :  some  of  them  even  entered 
the  ditch,  where  they  remained  sheltered  from  the 
shot  till  the  strife  was  over,  and  were  then  made 
prisoners.*  While  we  do  justice  to  our  enemies, 
let  us  not  forget  our  brethren.  They  justified  the 
martial  reputation  of  Tennessee  and  Kentucky,  and 

*  Official  Report. 


ii  LIFE    OF    JACKSON. 

the  hopes  that  had  been  entertained  of  I^uisiana : 
that  is  praise  enough  for  any  army. 

It  is  said  that  the  Britisk  commander  (Sir  Ed- 
ward Packenham)  had  appealed  to  the  worst  pas- 
sions of  his  troops  to  stimulate  them  to  the  assault. 
It  is  on  record,  and  has  never  been  denied,  that 
'  Beauty  and  Booty  '  were  the  words  given  by  him 
as  the  order  of  the  day.     Whether  this  be  true  or 
not,  it  is  certain  that  they  contended  with  unexam- 
pled bravery.     The  right  column  was  twice  broken 
and  repulsed  by  generals  Coffee  and  Carroll,  and 
t\\ice  rallied  to  the  storm.     The  left  column  ad- 
vanced on  the  redoubt  on  the  right  of  the  American 
line,  and  reached  the  ditch,  though  much  annoyed, 
not  only  by  its  guns,  but  by  those  of  commodore 
Patterson  on  the  opposite  bank.      Major  Rannee 
led  it  on,  and  was  the  first  to  scale  the  parapet, 
sword   in  band.     His  gallantry  cost  him  his  life  : 
he  fell  instantly  by  a  rifle   bullet.     However,  his 
men   emulated  the  example  of  their  slain  leader, 
entered  the  redoubt,  and  drove  its  occupants  to  the 
rear — but  no  farther.     These  were  the  riflemen  of 
Louisiana,  whose  fire  was  literally  death  to  their 
assailants,  to  the  last  man.     General  Jackson  sent 
a  reinforcement  to  their  relief,  but  it  was  needless, 
as  the  enemy  had  abandoned  the  attempt  before  its 
arrival.     They  suffered  much   in  their  retreat  by 
Patterson's  artillery,  and  would  have  suffered  more 
but  for  an  interruption,— of  which  more  anon.    As 
it  was,  every  rod  of  their  retreat  was  marked  with 
corpses. 

While  this  column  was  thus  being  slaughtered, 
the  other  was  waverii^.  Sir  Edward  Packenham 
advanced  to  the  front,  and  was  endeavoring  to 
bring  the  sufferers  once  more  to  the  charge,  when 


LIFE    or    JACKSON.  S3 

he  received'  his  death  shot.  The  next  ia  com- 
mand was  nearly  at  the  same  time  borne  from  the 
field,  dangerously  wounded.  -  The  Brhish  soldiers 
then  retreated,  in  less  confusion  than  might  have 
been  expected,  till  they  gained  the  shelter  of  a 
ditch,  where  they  halted  and  dressed  their  ranks. 

Their  officers,  having  restored  order,  led  them 
steadilv  on  once  more  over  the  thick  strewn  bodies 
of  their  comrades,  and  met  the  same  reception  as 
before.  So  dreadful  was  tlie  destruction,  that  they 
could  hardlv  close  the  gaps  in  tlieir  ranks  as  fast 
as  they  were  made.  They  were  endeavoring"  to 
deploy  into  line,  when  they  at  once  lost  heart, 
broke,  and  tied,  in  spite  of  their  leaders,  the  points 
of  whose  swords  had  now  less  terror  for  them  than 
the  American  rides.  General  Lambert,  who  had 
succeeded  to  the  command,  led  them  back  to  their 
former  position.* 

We  have  promised  to  account  for  the  silence  of 
commodore  Patterson's  battery ;  the  cause  was  as 
follows.  Eight  hundred  of  the  enemy's  troops  had 
crossed  the  river  below  during  the  night,  to  attack 
general  ^lorgan's  position.  Through  the  negli- 
gence of  Morgan's  advanced  guard,  they  landed 
without  6pposition.  On  then:  retreat  to  the  main 
body,  the  guard  met  a  body  of  Kentuckians  who 
had  been  sent  to  their  assistance,  under  major  Da- 
vis. Davis  took  command  of  both  parties  at  five 
in  die  morning,  and  proceeded  to  meet  die  enemy, 
to  whom  he  gave  a  temporary  check.  ,The  con- 
iiict  was  raging,  when  an  order  to  retreat  arrived 
from  general  ^lorgan.  This  was  not  to  be  done 
by  raw  militia  without  confusion,  and  they  accord- 

*  We  need  irive  no  references  here. 


84  LIFE    OF    JACKSON. 

ingly  fled  in  great  disorder  to  their  main  body. 
There  they  were  immediately  formed. 

In  due  time,  the  enemy  advanced  to  the  attack 
in  two  columns,  hke  the  troops  on  the  opposite 
shore,  and  were  warmly  received.  The  line  was 
by  no  means  so  strong  as  general  Jackson's,  and 
the  weakest  part  of  it,  the  right  flank,  was  defended 
by  the  Kentuckians.  Colonel  Thornton,  the  Brit- 
ish commander,  scanned  the  defences  with  a  sol- 
dier's eye,  united  his  columns,  and  attacked  the 
right  flank.  The  Kentuckians  gave  way,  and  the 
troops  of  Louisiana,  after  some  unavailing  resist- 
ance, followed  them. 

Commodore  Patterson,  seeing  how  matters  were 
going  on,  relieved  the  British  troops  on  the  oppo- 
site shore  from  his  fire,  and  turned  his  guns  on 
colonel  Thornton's  men.  When,  however,  he  saw 
the  right  wing  defeated,  and  that  he  could  not  act 
to  farther  advantage,  he  spiked  his  guns  and  retired. 
The  Kentuckians  stand  fully  acquitted  of  blame 
for  their  part  of  the  battle,  as  a  hundred  and  eighty 
only  of  them  were  intrusted  with  the  defence  of 
an  extent  of  three  hundred  yards,  against  eight 
hundred  regular  troops.  It  was  impossible  for 
them  to  have  acted  otherwise. 

Thus  was  a  point  gained  by  the  enemy,  of  which 
had  he  promptly  availed  himself,  he  might  have 
effected  his  main  object,  the  capture  of  New 
Orleans.  Had  he  immediately  crossed  with  his 
whole  force,  there  was  nothing  to  obstruct  his 
march  to  the  point  opposite  the  city ;  and  as  the 
position  he  had  won  commanded  the  line  on  the 
other  bank,  occupied  by  general  Jackson,  he  could, 
had  he  stood  firm  and  rendered  the  captured  guns 
serviceable,  have  rendered  the  other  defences  un- 
tenable.    Happily,  he  did  neither^ 


LIFE    OF    JACKSON. 


85 


Such  was  the  decisive,  famous  fight  of  New 
Orleans,  of  which  we  have  tried  to  give  a  slight 
sketch.  Thus  was  general  Jackson's  fame  ac- 
quired, and  such  was  his  claim  to  the  gratitude  of 
his  country.  He  deserved  it.  His  friends  have 
sounded  his  praises  and  extolled  his  conduct  on 
this  occasion,  as  if  courage  were  not  a  plant  of 
American  growth.  They  have  not  been  ashamed 
10  advance  that  this  battle  should  place  him  as 
high  in  the  temple  of  fame  as  Caesar  or  Napoleon. 
His  enemies  have  endeavored  to  deprive  him  of 
the  praises  justly  his  due,  and  to  reduce  him  below 
the  level  of  a  militia  corporal.  Both  are  in  our 
opinion  wrong.  He  did  his  duty;  his  measures 
were  well  planned,  and  carried  promptly  into  effect. 
At  the  same  time  we  believe  there  were  and  are 
in  our  army  troops  of  subalterns  capable  of  as  great 
or  greater  achievements.  Knowing  where  the 
enemy  had  landed,  he  could  scarcely  have  done 
otherwise  than  he  did.  His  night  attack  was  unsuc- 
cessful, and  had  the  battle  of  the  8th  proved  so  we 
should  have  heard  no  more  of  him.  His  name 
would  now  be  in  the  mouths  of  men  as  seldom 
as  those  of  generals  Wilkinson,  Winchester  and 
Winder.  The  batde,  the  mere  blood-spiUing,  is 
what  has  excited  the  popular  admiration,  though 
the  result  was  almost  inevitable.  Never  was  victory 
more  easily  or  safely  won.  The  circumstances, 
excepting  numbers,  were  all  in  his  favor.  He  dis- 
comfited the  British  troops,  and  is  now  a  hero  and 
president  of  the  United  States.  It  is  true  that  he 
evinced  considerable  military  talents  in  this  his  only 
regular  field  of  display ;  but  to  say  that  one  suc- 
cessful batde,  and  that  on  a  small  scale,  can  place 
any  officer  on  the  list  of  great  captains,  is  an  abuse 


86  LIFE    OF    JACKSON. 

of  language,  and  an  insult  to  common  sense.  As 
for  advantage  to  the  country,  there  was  none ;  by 
the  treaty  of  peace  concluded  at  Ghent  fourteen 
days  before  the  battle  of  New  Orleans,  all  things 
were  to  have  returned  to  the  status  ante  helium. 
The  city,  therefore,  must  have  been  restored  to  us 
had  it  been  taken.  We  have  more  faith  in  the 
national  honor  of  Britain  than  to  believe  the  con- 
trary. We  would  not  have  these  latter  remarks 
understood,  however,  as  undervaluing  the  general's 
services. 

The  number  of  British  troops  first  landed  in 
Louisiana  was  about  fourteen  thousand.  Nine 
thousand  were  engaged  in  the  battle  of  the  8th. 
Two  thousand  six  hundred  of  these  were  killed, 
wounded,  or  made  prisoners.  On  the  other  hand, 
the  number  of  American  troops  engaged  was  not 
more  than  five  thousand,  and  of  these  thirty-four 
only  were  killed  and  wounded. 

While  colonel  Thornton  remained  in  possession 
of  the  right  bank  of  the  river,  neither  general 
Jackson's  immediate  command  nor  the  city  could 
be  considered  in  safety.  Indeed  it  seems  wonder- 
ful that  the  British  commander  did  not  immediately 
avail  himself  of  so  great  an  advantage.  Aware  of 
its  importance,  general  Jackson  hastened  to  send 
troops  across,  who  were  ordered  to  dispossess 
colonel  Thornton  at  all  hazards.  Before  they  were 
ready  to  attack,  their  object  was  happily  gained 
without  furlher  effusion  of  blood. 

The  British  commander  sent  a  flag  of  truce  with 
a  proposal  that  hostilities  should  cease  for  twenty- 
four  hours,  that  the  dead  might  be  buried.  General 
Jackson  assented,  but  stipulated  that  the  truce 
should  not  extend  to  the  troops  on  the  right  bank, 


LIFE    OF   JACKSON.  87 

and  that  no  reinforcement  should  be  sent  across 
by  either  party.  Whether  general  Lambert  had 
already  determined  to  abandon  the  post  gained  and 
retreat,  or  whether  he  inferred  from  this  answer, 
that  a  large  American  force  had  already  been  sent 
over,  cannot  now  be  known.  At  any  rate  colonel 
Thornton  did  not  wait  to  be  attacked,  but  recrossed 
the  river  and  joined  the  main  body  in  the  night. 
The  Americans  joyfully  took  possession  of  the  post 
he  had  abandoned,  and  thus  both  armies  were 
again  in  the  same  relative  positions  as  before  the 
battle. 

The  immense  loss  of  the  king's  troops  was  here, 
as  at  Bunker's  Hill,  in  a  great  measure  owing  to 
the  contempt  in  which  regulars  always  hold  militia, 
and  their  overweening  Enghsh  vanity,  which  very 
often  makes  them  disdain  the  policy  of  war,  and 
contend  against  any  odds. 


CHAPTER  VIII. 

The  British  troops  withdraw.  Peculieir  hardships  of  the  Kentucky 
ajid  Louisiana  troops.  Death  warrant  of  six  militia  men.  Their 
case.  Captain  Strother,  Heutenaut  McAuJay,  Jacob  Webb,  sergeant 
Morrow,  and  others.  Sentence  of  the  alleged  mutineers.  Their 
execution.  Lewis.  Militia  laws.  Honors  paid  to  g-eneralJackson. 
Banishment  of  French  aliens  and  the  French  consul.  Mr.  Louailler's 
case.  His  trial  and  acquittal.  General  Jackson  is  prosecuted. 
Behavior  of  the  mob.     General  Jackson's  modesty. 

On  the  night  of  the  ISth,  general  Lambert 
abandoned  his  camp,  and  retreated,  but  in  so  good 
order,  and  with  such  caution,  that  general  Jackson 
found  it  inexpedient  to  pursue.  To  have  attempted 
the  British  rear,  defended  as  it  was  by  canals  and 
entrenchments,  with  militia,  would  have  been  mad- 
ness. However,  he  took  every  precaution  against  a 
second  attack,  at  whatever  point  it  might  be  made. 
His  care  was  needless;  the  enemy  had  bidden 
farewell  to  the  vicinity  of  our  army.  Being  satis- 
fied of  this  fact,  general  Jackson,  on  the  20ih, 
marched  the  greater  part  of  his  force  to  New 
Orleans.  The  Kentuckians  and  two  regiments  of 
the  city  militia  w^ere  ordered  to  remain  in  the  field  ; 
the  former  on  a  wet,  marshy  soil,  which  with  the 
duties  and  hardships  of  camp  duty,  caused  them  to 
contract  fevers  and  dysenteries^  which  swept  away 
five  hundred  of  them  within  a  month. "^  The  latter 
were  posted  in  a  similar  position  on  Villery's  planta- 
tion.    Their  case  was  peculiarly  hard.     Some  of 

'  Katon  and  Jackson,  Latour's  Memoirs. 


LIFE    OF    JACKSON. 


89 


them  were  not  American  citizens,  but  Frenchmen, 
and  all  had  powerfully  contributed  to  the  success  of 
the  8th.  They  were  the  French  artillerists,  whose 
cannon  had  most  annoyed  the  British  columns. 
These  were  the  troops  who  had  so  valiantly  de- 
fended the  redoubt  on  the  right  of  the  Hne.  Not 
one  of  them  had  been  guilty  of  the  slightest  military 
offence.  Many  had  wives  and  children,  and  all 
had  homes  and  friends  in  the  city,  on  which  ac- 
count, we  think,  some  indulgence  should  have  been 
shown  when  the  danger  was  over,  and  their  services 
were  no  longer  necessary.  If  any  part  of  the  army 
had  a  better  claim  to  be  stationed  in  New  Orleans 
than  another,  this  was  that  part.  If  we  inquire 
why  the  Kentuckians  and  Louisianians  were  treated 
with  this  peculiar  severity,  we  fear  we  must  find 
the  cause  in  the  vindictive  temper  of  the  chief. 
The  former  had  been  unable  to  maintain  their  post 
against  a  superior  force,  and  the  latter  had  dared 
to  name  a  condition  on  which  their  service  should 
be  rendered.  Nevertheless,  gratitude  to  the  saviour 
of  the  city  prevailed  over  all  other  considerations, 
and  he  was  received  with  acclamations  on  his 
return. 

On  the  19th  of  the  month,  general  Jackson  had 
declared,  in  his  official  despatches,  that  the  danger 
of  Louisiana  had  ended.  Yet  on  the  22d,  he 
signed  a  warrant  that  Illegally  condemned  six  men 
to  death,  and  nearly  two  hundred  more  to  an  igno- 
minious punishment.  We  speak  of  the  well  known 
case  of  the  six  militia  men,  of  which  we  shall 
endeavor  to  give  an  abstract. 

These  men  belonged  to  a  levy  of  Tennessee 
militia,  called  out  by  governor  Blount  in  1814,  and 
who  arrived  at  tiie  appointed  place  of  rendezvous 


90  LIFE    OF    JACKSON. 

in  June  the  same  year.  They  were  told  by  their 
officers,  that  they  could  be  legally  compelled  to 
serve  for  three  months  only.  On  the  20th  of 
September,  therefore,  supposing  the  term  of  their 
service  to  have  expired,  upwards  of  two  hundred 
of  them  delivered  their  arms  to  the  proper  officers, 
and  set  out  for  home.  Having  received  such  ad- 
vice on  their  way  as  made  them  doubt  the  pro- 
priety of  the  course  they  were  pursuing,  most  of 
them  returned  to  the  camp,  where  they  were  con- 
fined by  order  of  generalJackson,  and  others  were 
pursued  and  brought  back.  Various  charges  were 
preferred  against  them  all,  and  in  November  a 
court  martial  convened  at  Mobile  to  try  them. 

One  of  the  officers  above  mentioned,  Captain 
Strother,  was  charged  with,  1st.  Exciting  mutiny, 
by  telling  his  troops  that  the  law  requiied  them  to 
serve  three  months  only,  and  that  he  would  march 
his  men  home  at  the  end  of  that  time. 

2dly.  Conniving  at  mutiny  in  not  reporting  his 
men  to  the  commanding  officer,  as  the  rules  and 
articles  of  war  direct,  and  in  persuading  his  men 
to  return  home  at  the  end  of  three  raontlis. 

3dly.  Disobedience  of  orders,  in  not  having 
endeavored  to  suppress  mutiny ;  by  which  was 
meant,  that  when  the  men  about  to  depart  broke 
open  a  bakery  to  get  bread  for  their  journey,  he 
liad  done  nothing  to  hinder  them.  The  fact  was, 
as  appeared  by  the  evidence,  that  they  came  armed, 
to  the  number  of  a  hundred,  and  as  they  seemed 
determined,  I>e  was  unwilling  to  spill  the  blood  of 
his  friends  and  neighbors.  The  court  acquitted 
him  of  having  failed  to  report  his  men  to  the  com- 
manding officer.  As  to  the  other  charges,  he  had 
an  undoubted   right  to  advise  his  men  respecting 


LIFE    OF    JACKSON.  91 

their  legal  privileges.  If  the  ground  they  took, 
indeed,  was  not  tenable,  he  incurred  their  guilt. 
But  in  the  record  of  the  trial,  it  does  not  appear 
that  he  gave  them  the  counsel  alleged,  but  rather 
the  direct  contrary.  Stronger  testimony  would  be 
required  in  a  civil  court  to  convict  a  noted  thief  of 
a  petty  larceny.  The  court  found  him  guilty,  how- 
ever, and  sentenced  him  to  be  dismissed  from  the 
service,  as  unworthy  of  holding  a  commission. 

Lieutenant  McAulay  was  charged  wnth  having 
induced  the  men  to  leave  the  army,  and  with  hav- 
ing shared  the  provisions  forcibly  taken  on  the  19th 
of  September.  The  court  found  him  guilty.  He 
was  sentenced  to  be  dismissed  from  the  service, 
to  have  his  sword  broken  over  his  head,  and 
declared  incapable  of  ever  holding  a  commission 
in  the  army. 

Jacob  Webb,  a  private,  was  charged  with  mutiny, 
desertion,  and  robbery;  the  robbery  meaning  that 
he  was  one  of  those  who  forcibly  seized  provisions. 
He  pleaded  that  he  had  served  faithfully  three 
months,  and  had  thought  he  was  exercising  a  legal 
right  in  returning  to  his  home.  As  soon  as  he 
discovered  his  error  he  had  returned  to  his  duty. 
This  was  truth ;  but  the  court  sentenced  him  to  be 
shot,  notwithstanding. 

Sergeant  Morrow  and  privates  Harris,  Lewis, 
Hunt,  and  Lindsey,  were  charged  with  the  like  con- 
duct, found  guilty,  and  sentenced  to  death.  Morrow 
had  returned  to  the  army,  penitently  acknowledged 
himself  in  error,  and  received  a  written  pardon  from 
general  Taylor,  his  immediate  commanding  officer, 
subject  to  be  revoked  by  the  commander-in-chief. 
He  exhibited  this  document,  and  threw  himself  on 
the  mercy  of  the   court — to  no  purpose.     Harris 


92  LIFE    OF   JACKSON. 

was  a  baptist  preacher,  and  had  a  wife  and  nine 
children.  He  too  had  returned  to  what  was  called 
his  duty ;  indeed  they  had  all  done  so.  They  had 
all  fought  bravely  in  the  field,  and  had  been  moved 
to  the  course  they  took  by  the  advice  of  their 
superiors.  Hunt  had  served  with  honor  in  every 
batde  of  the  Creek  war. 

The  next  twenty  brought  to  trial  pleaded  guilty, 
and  urged  in  extenuation  of  their  conduct  their 
ignorance  and  the  advice  of  others.  They  pro- 
fessed to  have  repented,  and  implored  mercy. 
The  court  sentenced  them  to  make  up  the  time 
lost  by  their  absence,  to  be  mulcted  of  half  their 
pay,  and  at  the  end  of  their  service  to  be  drummed 
out  of  the  camp  with  the  hair  of  half  the  head 
shaved  close.  Two  of  them  only  were  recom- 
mended to  mercy  on  account  of  their  youth  and 
inexperience. 

The  rest  of  the  runaways  were  tried  in  squads, 
and  sentenced  in  lii<e  manner.  General  Jackson,  as 
before  mentioned,  approved  the  proceedings  of  the 
court,  and  ordered  the  sentences  to  be  carried  into 
effect.  Not  to  break  the  thread  of  our  narrative, 
we  will  give  the  result  of  these  proceedings  here. 

The  six  condemned  to  die  were  brought  to  the 
place  of  execution  in  a  waggon.  All  behaved 
firmly  but  Harris,  who,  probably  thinking  of  his 
wife  and  children,  wept  bitterly,  and  attempted  to 
make  some  apology  for  his  conduct.  The  officer 
presiding,  exhorted  them  not  to  shame  the  army 
by  unmanly  fears,  but  to  show  the  same  courage 
they  had  often  displayed  on  the  field  of  battle. 
Lewis  answered  that  he  had  served  his  country 
well,  and  would  fain  have  served  it  longer  and 
better,  for  his  love  of  it  was  great.     It  was  bitter, 


LIFE    OF   JACKSON.  93 

he  said,  to  die  in  such  a  manner,  but  as  the  thing 
must  be,  he  would  meet  his  fate  hke  a  soldier. 
He  did  so;  when  the  others  were  stretched  dead 
around  him,  it  was  discovered  he  was  yet  ahve. 
Widi  a  mistaken  humanity,  two  of  the  execution 
party  had  purposely  missed  him,  and  he  had  re- 
ceived but  four  wounds.  He  crawled  to  his  coffin, 
and  asked  if  he  had  behaved  well ;  if  he  had  suffi- 
ciently atoned  for  his  crime.  He  lingered  four  days 
in  great  agony. 

These  men  appear  to  have  been  the  victims  of  gen- 
eral Jackson's  very  high  estimate  of  his  own  power. 
We  have  already  seen  the  laws  of  the  land  bend  to 
his  will,  or  rather  to  his  notions  of  expediency.  We 
have  seen  him  compel  militia  to  remain  under  his 
command  beyond  the  term  of  service  prescribed 
by  law.  In  this  case  he  could  not  have  been  mis- 
taken with  regard  to  this  law,  as  governor  Blount, 
in  a  letter  to  him,  had  refused  to  sanction  his  con- 
struction of  it,  and  advised  him  to  return  to  Ten- 
nessee with  his  troops.  The  statutes  on  this  subject 
are  these  : 

The  militia  law  of  1795,  restricted  the  service 
of  the  militia  to  three  months. 

In  1812,  a  special  law  was  passed,  to  remain  in 
force  two  years,  by  which  militia  might  be  required 
to  serve  six  months.  This  last  law  lost  effect  in 
April,  1814. 

On  the  18th  of  April,  1814,  a  new  law  was  made, 
to  supply  the  place  of  the  one  just  mentioned.  It 
authorized  the  president  of  the  United  States  to 
extend  the  service  of  militia  from  three  to  six 
months,  but  gave  no  power  to  any  other  so  to  do. 
In  this  case  the  president  had  not  exercised  his 
power,  and  the  secretary  of  War  had  expressly 


94 


LIFE    OF    JACKSON. 


informed  governor  Blount,  that  the  Tennessee 
militia  then  in  the  field,  were  to  be  considered  as 
drafted  under  the  law  of  1795.  Lastly,  the  la^ 
of  Tennessee  required  militia  to  serve  but  six 
months.  From  these  premises,  it  is  as  clear  as 
a  mathematical  demonstration,  that  the  unhappy 
sufferers  were  right,  and  general  Jackson  wrong,  in 
their  several  constructions.  The  men  were  not 
only  executed,  but  tried  illegally. 

To  make  the  best  of  the  general's  conduct,  sup- 
posing these  men  actually  to  have  been  deserters, 
their  execution  was  a  cruel  and  unnecessary  act. 
The  enemy  had  disappeared,  and  he  had  himself 
declared  the  southern  section  of  the  union  out  of 
danger.     No  example  was  therefore  necessary. 

The  history  of  this  affair,  revived  for  party  pur- 
poses in  1828,  caused  such  an  excitement,  as  led 
to  an  investigation  of  the  general's  conduct  in  Con- 
gress. The  proper  documents  were  laid  before 
the  house  of  representatives,  and  were  referred  to 
a  committee  of  his  friends.  They  put  a  gloss  on 
the  facts,  and  vainly  endeavored  to  justify  him  in 
their  report,  to  which  we  refer  any  who  may  doubt 
the  truth  of  our  statement.  But  no  strength  of 
argument  can  disprove  the  records  of  a  court. 

The  23d  of  January  was  appointed  by  the  au- 
thorities of  New  Orleans  as  a  day  of  public  thanks- 
giving. On  that  day,  general  Jackson  repaired  to 
church  through  crowds  of  children,  who  strewed 
liis  way  with  flowers  and  sung  a  flattering  ode, 
written  for  the  occasion.  A  clergyman  met  him 
at  the  door  of  the  church  with  a  gratulatory  ad- 
dress, and  crowned  him  with  a  wreath  of  laurels. 
The  general  replied  with  a  becoming  modesty. 
The  legislature  were  less,  or  rather  not  at  all  dis- 


LIFE    OF    JACKSON.  95 

posed  to  do  him  honor.  They  passed  a  vote  of 
thanks  to  the  troops  and  officers,  some  of  whom 
were  distinguished  by  name,  but  avoided  all  men- 
tion of  Jackson.  It  must  be  confessed  that  there 
had  been  provocation  to  this  mark  of  disrespect.* 

It  may  be  supposed  that  after  the  enemy  had 
disappeared,  or  at  least  after  satisfactory  advice  of 
the  treaty  of  peace  had  been  received,  the  declara- 
tion of  martial  law  should  have  been  rescinded,  if 
indeed  it  were  ever  necessary,  and  the  laws  of 
Louisiana  suffered  to  resume  their  course.  We 
wish  it  had  been  so,  and  that  every  step  of  our  hero's 
course  had  not  conveyed  pregnant  proof  of  his 
unfitness  to  exercise  civil  power.  On  the  contrary, 
his  conduct  puts  us  in  mind  of  the  exasperated 
rhinoceros,  wreaking  his  fury  on  every  object  that 
presents  itself 

News  of  peace  were  recelv^ed  at  New  Orleans 
on  the  10th  of  February,  but  not  through  an  official 
medium. 

The  French  chizens  among  the  Louipjana  troops 
yet  detained  at  an  unhealthy  post  becoming  weary 
of  such  needless  hardship,  applied  to  M.  Tousard, 
the  French  consul,  for  certificates  of  French 
citizenship,  which,  of  course,  exempted  them 
from  military  duty.  These  the  consul  could  not 
refuse  consistently  with  his  official  duty.  Never- 
theless, general  Jackson  was  much  exasperated, 
and  forthwith  issued  an  order  requiring  those  who 
had  thus  offended  him,  including  the  consul,  to  re- 
move immediately  to  Baton  Rouge,  a  hundred  and 
twenty  miles  from  New  Orleans. f  This  measure 
seems  the  more  harsh,  that  while  the  French  aliens 

*  Eaton.  t  Latour's  Memoirs. 


96  LIFE    OF   JACKSON. 

were  thus  banished,  the  English  and  Spanish  were 
permitted  to  remain  in  peace.  In  so  doing,  the 
general  violated  the  laws  of  nations  in  the  removal 
of  the  consul,  and  the  stipulations  of  the  treaty  by 
which  Louisiana  was  ceded  to  the  United  States. 
According  to  that  treaty  the  French  were  entiUed 
to  certain  commercial  privileges  in  the  city,  for  a 
time  that  had  not  yet  expired.  These  men  too, 
were  the  general's  best  cannoneers ;  who  had 
proved  themselves  such.  If  there  were  danger  of 
another  attack,  he  thus  deprived  himself  of  the 
services  they  would  joyfully  have  rendered.  As 
to  the  consul,  the  person  of  any  recognized  for- 
eign minister  is  sacred  by  the  laws  of  nations,  and 
is  not  liable  to  arrest  or  imprisonment.  Even  if 
he  should  commit  a  capital  crime,  or  abuse  his 
official  authority,  the  nation  offended  has  no  power 
to  punish  him,  but  must  send  him  to  his  govern- 
ment, which  must  do  justice  or  become  his  accom- 
plice. M.  Tousard,  had  been,  moreover,  a  fellow 
soldier  of  Lafayette,  was  crippled  with  wounds 
received  in  the  cause  of  American  liberty,  and 
should  therefore  have  been  exempted  from  per- 
sonal indignity. 

Very  many  of  the  citizens  of  New  Orleans  dis- 
approved of  this  violence.  Among  the  malcontents 
was  Mr.  Louis  Louailler,  a  gentleman  of  French 
extraction,  and  a  distinguished  member  of  the 
legislature.  He  was  a  man  of  talents  and  fortune, 
and  of  course  was  as  much  interested  in  the  defence 
of  the  city  as  any  other.  His  character  will  be  best 
understood  from  an  account  of  his  conduct  during 
the  campaign.  He  it  was,  who  moved  the  legis- 
lature to  expend  sixty-five  thousand  dollars  in  the 
erection  of  fortifications,  as  before  mentioned.    He 


LIFE    OF    JACKSON.  97 

also  moved  that  six  thousand  dollars  should  be 
appropriated  to  increase  the  bounty  given  to  re- 
cruits. He  had  caused  an  embargo  to  be  laid  on  all 
the  vessels  in  the  port,  that  they  might  not  be  made 
useful  to  the  enemy.  He  had  obtained  a  vote  of 
two  thousand  dollars  for  the  benefit  of  the  wounded 
Americans,  and  procured  a  passage  of  a  bill  for 
the  relief  of  the  widows  and  orphans  of  the  slain. 
In  short,  every  page  of  the  journal  of  the  legislature 
affords  a  proof  of  his  activity  and  devotion  to 
his  country.  We  should  fail  in  our  duty,  did  we 
neglect  to  vindicate  this  slandered  patriot.*  The 
banishment  of  the  French  residents  awakened  the 
indignation  of  Mr.  Louailler,  and  he  published  an 
article  on  the  subject  in  one  of  the  Louisiana  papers. 
It  deplored  the  abuse  of  military  power,  dwelt  on 
the  rights  secured  to  Frenchmen  by  treaty,  and 
exhorted  those  interested,  to  disobey  the  general's 
order.  Our  hero  caused  Mr.  Louailler  to  be 
arrested  and  confined  forthwith. f 

This  afforded  an  opportunity  to  try  whether  civil 
or  martial  law  was  to  prevail.  Mr.  Louailler  imme- 
diately apphed,  through  his  counsel,  to  the  district 
judge  Hall  for  the  benefit  of  the  writ  of  Habeas 
Corpus.  It  is  provided  by  the  constitution  of  the 
United  States,  that  no  citizen  shall  be  held  to 
answer  for  any  capital  or  infamous  crime,  save  on 
the  presentment  of  a  grand  jury.  The  same  article 
also  provides  that  no  person  shall  be  deprived  of 
life,  Kberty,  or  property,  but  by  a  due  course  of  law\ 
Any  citizen,  therefore,  in  duress,  and  not  legally 
presented,  m.ay  demand  the  VfxW  oi  Habeas  Corpus 
as  a  right.      The  president  of  the  United  States 

*  Journal  of  the  Legislature.        t  Eaton  and  Louailler. 


98  LIFE    OF    JACKSON. 

has  no  power  to  withhold  it,  much  less  judge  Hall. 
The  judge  did  what  he  was  bound  to  do  ;  he  issued 
the  writ. 

The  construction  general  Jackson  put  on  his 
own  conduct  was  this  :  He  knew  not  but  that  the 
report  of  peace  was  a  device  of  the  enemy  to  lull 
the  vigilance  of  his  troops.  A  law  of  Congress 
directs  that  all  aliens  not  owing  allegiance  to  the 
United  States,  who  may  be  found  lurking  about 
military  stations  as  spies,  shall  suffer  death,  if  so 
sentenced  by  a  court  martial.  This  description, 
the  general  conceived  to  apply  to  Mr.  Louailler 
and  the  banished  Frenchmen."^  The  former  was 
charged  with  being  a  spy,  the  act  of  publication 
being  the  only  specification  of  the  charge.  On 
this  head,  we  may  be  permitted  to  remark  that 
spies  seldom  hold  correspondence  with  the  enemy 
through  the  public  prints.  We  have  already  shown 
how  far  the  others  merited  such  an  imputation. 

Instead  of  obeying  the  order  of  the  court,  general 
Jackson  laid  a  sacrilegious  hand  on  the  interpreter  of 
the  law.  He  seized  judge  Hall  and  confined  him. 
He  applied  to  his  brother  judge  Lewis,  for  the 
same  process  he  had  issued  in  favor  of  Mr.  Lou- 
ailler, through  Mr.  Dick,  the  district  attorney. 
Mr.  Dick  was  arrested  for  making  the  application, 
and  an  order  was  issued  to  apprehend  judge  Lewis. 
It  is  not  known  to  us  whether  the  latter  was  arrested 
or  not.  Possibly  the  officer  charged  with  the  execu- 
tion of  the  order  might  have  wanted  opportunity, 
or  been  unwilling  to  participate  in  such  outrageous 
proceedings.  Judge  Hall  was  not  so  fortunate, 
being  thrust  out  of  the   city,  with  an  order  not  to 

*  Eaton. 


LIFE    OF    JACKSON.  99 

return  till  it  should  be  certain  that  the  enemy  had 
left  the  country,  or  till  peace  should  be  officially 
announced."^ 

Mr.  Louailler  was  then  brought  before  a  court 
martial,  charged  with  mutiny,  exciting  mutiny, 
general  misconduct,  being  a  spy,  illegal  and  im- 
proper conduct,  disobedience  to  orders,  writing  a 
ivilful  and  corrupt  libel,  unsoldierly  conduct,  and 
conduct  contrary  to  and  inadmissible  within  the 
city  ofJVeiv  Orleans  and  its  environs,  under  a  gen- 
eral order,  ^c.  S^c.  Each  and  all  these  formidable 
charges  had  one  and  the  same  specification  ;  writing 
the  newspaper  article  above  mentioned.  If,  as  we 
believe  from  the  diction  he  did,  general  Jackson 
wrote  this  indictment  himself,  he  showed  a  singular 
ignorance  of  the  forms  of  both  martial  and  civil  law, 
neither  of  which  admit  of  such  general  and  vague 
allegations  as  improper  conduct,  inadmissible  con- 
duct, &:c.  It  is  a  fixed  principle  that  the  time, 
place  and  manner  of  an  imputed  offence  should  be 
specified.  We  know  no  article  of  war  or  rule  for 
the  government  of  the  army  that  makes  writing  a 
libel  a  military  offence.  However,  let  that  pass  ; 
where  the  principle  is  wrong,  the  forms  are  of  little 
importance.! 

Mr.  Louailler  denied  the  jurisdiction  of  the  court 
and  stood  upon  his  right  of  trial  by  jury,  and  when 
the  court,  rejecting  his  plea,  declared  itself  com- 
petent, declined  to  produce  any  witnesses  in  his  own 
behalf.  Nevertheless,  he  was  acquitted  of  all  the 
charges.  General  Jackson  formally  disapproved 
of  the  proceedings  of  the  court.  By  ordering  an- 
other, or  what  would  have  been  better,  by  delivering 

*  Louailler's  statement.  t  Ibid, 


100  LIFE    OF    JACKSON. 

the  prisoner  to  the  civil  authorities,  an  opportunity 
would  have  been  afforded  to  establish  his  2:uilt  or 
innocence,  bui  this  was  not  the  chiePs  wish.  His 
design  was  to  punish,  and  he  did  punish  Mr.  Loua- 
iller,  by  keeping  him  confined  till  the  thirteenth  of  the 
month,  when  the  treaty  of  Ghent  was  ofhcially  an- 
nounced.* These  reiterated  attacks  on  the  freedom 
of  the  citizen  and  the  press  were  made  by  a  man 
who  a  few  days  before  had  declared  in  a  public 
address  that,  '  we  should  enjoy  our  liberties,  or  die 
in  the  last  ditch.'  We  deem  further  comment 
needless. 

The  laws  were  now  restored  to  their  usual 
course,  and  the  militia  and  the  banished  citizens 
returned  to  their  several  homes.  The  first  use 
judge  Hall  made  of  his  liberty  was  to  grant  a  rule 
of  the  court  wherein  he  presided,  requiring  gen- 
eral Jackson  to  appear  and  show  cause  why  an  at- 
tachment for  a  contempt  should  not  be  put  in  force. 
If  in  this  the  judge  showed  an  unbecoming  resent- 
ment, as  has  been  alleged,  he  at  least  did  not  exceed 
his  legal  authority.  Our  hero  had  now  no  troops 
to  back  him,  and  had  probably  become  aware  that 
his  mad  career  could  no  longer  be  tolerated.  He 
appeared  before  the  court,  and  endeavored  to  show 
that  it  had  no  jurisdiction  In  his  case.  We  refer 
those  who  may  wish  to  read  his  plea,  to  Eaton's 
Life  of  Jackson,  where  it  is  given  at  full  length. 
We  would  willingly  give  it  a  place  here,  did  we 
think  it  calculated  to  do  him  honor,  or  to  put  any 
of  his  proceedings  in  a  new  light.  As  it  is,  we 
cannot  encumber  our  work  with  twenty  closely 
printed  octavo  pages,  of  no  meaning. 

*  Louailler's  statement. 


LIFE    OF    JACKSON.  101 

When  he  had  finished  his  argument  on  the  points 
of  law,  and  was  proceeding  to  expatiate  on  the 
necessity  of  martial  law,  the  judge  interrupted  him, 
as  straying  from  the  matter  in  hand,  and  made  the 
rule  absolute.  The  attachment  was  accordingly 
sued  out,  to  be  returned  on  the  thirty-first. 

The  success  of  his  military  services  had  raised 
the  gratitude  of  the  populace  to  enthusiasm.  When 
lie  appeared  in  court  he  was  greeted  with  plaudits. 
So  great  was  the  clamor  that  the  judge,  apprehen- 
sive of  a  rescue,  would  have  adjourned  the  court; 
but  the  general  addressed  the  rabble,  and  desired 
that  order  might  be  maintained,  concluding  with 
this  modest  address  to  the  court,  'There  is  no 
danger  here  ;  there  shall  be  none  ;  the  same  arm 
that  protected  from  outrage  the  city,  against  the 
jnvaders  of  the  country,  will  shield  and  protect  this 
court,  or  perish  in  the  effort.'* 

He  was  then  required  to  respond  to  nineteen 
questions,  but  declined  doing  so,  alleging  that  the 
court  had  already  refused  to  listen  to  his  reasons. 
He  had  come,  he  said,  merely  to  receive  the  sen- 
tence of  the  court,  and  expected  that  censure  or 
reproof  would  make  no  part  of  it.  He  desired, 
howevei*,  that  these  words  mj'ght  not  be  considered 
as  expressing  any  disrespect  to  the  court.  The 
judge  then  imposed  a  fine  of  a  thousand  dollars 
on  him,  which  he  paid  forthwith.  The  mob  (we 
call  any  assembly  that  does  not  respect  a  court  of 
justice,  a  mob)  raised  the  since  well-known  slogan 
of  '  Hurrah  for  Jackson,'  seized  the  general  and 
carried  him  forth  into  the  streets.  _  They  dispos- 
sessed a  lady  of  her  carriage,  put  him  into  it,  took 

"  Eaton. 


102  LIfE    or    JACKSOW 

ofT  the  horses  and  dragged  their  idol  throrigli  the 
streets,  all  the  way  belching  execrations  and  iiic- 
iiaccs  against  judge  Hall.  This  was  too  niiich  for 
our  hero.  He  made  a  speech,  to  explain  the  motives 
of  his  conduct,  complimented  the  rabble  on  their 
lovo  of  *  order  and  deconnn,'  and  rmally  bogged 
them  to  desist.  They  did  so,  and  he  retired  to  his 
lodgings.* 

He  acted  in  better  taste  hi  refusing  an  indemni- 
fication for  his  fine  which  they  raised  among  them 
by  contribution. 

Soon  after,  general  Jackson  returned  to  his  own 
home,  and  for  a  while  was  hailed  wiUi  approbation 
from  all  (juartcrs  as  the  saviour  of  his  country. 
Congress  j)asscd  a  vote  of  thanks  in  his  favor  and 
presented  him  with  a  medal.  The  magnitude  of 
his  exploit  had  entirely  eclipsed  all  his  errors  ;  no 
investigation  of  his  conduct  took  place,  nor  was  il 
even  made  the  subject  of  inrniiry  for  years.  We 
believe  that  his  several  arbitrary  measures  were  no: 
even  known  to  a  very  large  majority  of  the  people. 
All  specks  were  lost  in  the  sim  of  his  martial  glory- 

*  Eaton.  HavinfT  no  farther  occasion  for  thia  man's  sec- 
viceH,  we  here  tliauk  him  for  the  use  of  his  record. 


CHAPTER  IX. 

Mr.  Jackson  is  appoiiiUyJ  a  commissioner  to  purciiasc  Indian  ]anris. 
His  nc";^olialion.  His  advice  to  Mr.  Monroo.  IJi.s  ord';rs.  Cor- 
respondence with  general  Scott.  TJie  Semijiolcs.  Attack  on 
Fowllown.  Slaughter  of  lieutenant  Scott's  party.  Cieneral  Jack- 
sou's  orders.  He  raises  troops.  Violation  of  a  neutral  territory- 
Capture  of  St.  Marks.  Hillishago  is  taken  and  hanged  without 
trial.     Anecdote. 

General  Jackson  remained  tranquil  on  bis  farm 
till  tlie  latter  part  of  1816,  enjoy ini^  the  rank  and 
einohnncnts  of  major-general.  During  this  time 
he  did  nothing  worthy  the  notice  of  the  biograplier. 
We  find  him,  after  a  repose  of  nearly  two  years, 
superintending  the  cession  of  Indian  lands,  con- 
jointly with  governor  Shelby  of  Kentucky. 

Tiiey  set  forth  for  the  treaty  ground,  accompa- 
nied by  several  of  Mr.  Jackson's  es[)ecial  friends. 
These  gentlemen,  it  seems,  were  to  profit  by  the 
exertion  of  his  powers.  On  the  road,  our  hero 
asked  his  coadjutor  what  was  the  maximum  he 
would  offer  the  Chickasaws.  Governor  Shelby 
replied,  that  rather  than  not  effect  a  treaty,  he 
would  give  three  hundred  thousand  dollars;  but 
added  that  he  did  not  think  half  the  sum  would 
be  required.  After  this  no  farther  conversation 
on  the  subject  took  place  between  them. 

When  they  arrived  among  the  Chickasaws,  Mr. 
Jackson  held   much  private  intercourse  with  the 


104  LIFE    OF    JACKSON. 

head  men,  and  passed  a  night  in  the  house  of 
Colbert,  a  haH-breed  chief.  As  he  did  not  inform 
governor  Shelby  of  the  purport  of  his  proceedings, 
the  latter  began  to  suspect  that  something  wrong 
was  being  done.  At  last  a  council  was  convened, 
and  jMr.  Jackson  took  it  on  himself  to  act  as  speaker. 
He  hrst  offered  the  Indians  a  hundred  and  fifty 
thousand  dollars,  then  two  hundred  thousand,  then 
two  hundred  and  fifty  thousand,  and  finally  three 
hundred  thousand.  Governor  Shelby  would  hear 
no  more ;  he  rose  and  left  the  place. 

Speaking  of  the  transaction,  Mr.  Jackson  told 
governor  Shelby,  that  the  chiefs  contended  for  a 
reservation,  which  they  might  sell  to  whomsoever 
ihcy  chose.  The  governor  objected,  saying  they 
might  sell  to  the  king  of  Great^Britain.  Our  hero 
replied,  that  a  company  of  gentlemen  were  on  the 
ground,  prepared  to  give  them  their  price — twenty 
thousand  dollars.  Governor  Shelby  positively  re- 
fused to  permit  any  such  transaction,  which  indeed 
would  have  been  an  evasion  of  the  law.  He  con- 
tended that  the  Government  should  have  the  refusal 
of  the  said  reservation,  and  at  last  Mr.  Jackson  and 
the  chiefs  were  obliged  to  yield.  Governor  Shelby 
further  told  his  coadjutor,  that  he  had  made  offers 
for  which  he  had  no  authority ;  and  was  answered 
in  a  strain  too  violent  and  profane  to  stain  our 
paper  withal.  The  parties  would  have  come  to 
blows,  had  not  the  governor's  son  interposed  ;  and 
to  him  his  father  declared  his  opinion  of  our  hero 
in  the  words,  '  old  rascal.' 

The  next  day,  governor  Shelby  was  again  ad- 
dressed in  the  same  style  by  Mr.  Jackson,  and  a 
second  interference  was  necessary  to  prevent  a  per- 
sonal conflict.     At  last  the  treaty  was  concluded  ; 


LIFE    OF    JACKSON.  105 

the  chiefs  received  three  hundred  thousand  dollars, 
and  sold  their  reservation  to  James  Jackson  (proba- 
bly the  general's  former  partner)  for  twenty  thou- 
sand more,  in  spite  of  governor  Shelby.  But  on 
the  complaint  of  that  gentleman  to  the  Government, 
James  Jackson  was  compelled  to  give  up  his  pur- 
chase for  the  precise  sum  it  had  cost  him. 

Mr.  Shelby  was  to  the  day  of  his  death  of 
opinion  that  the  conduct  of  general  Jackson  on 
this  occasion  had  cost  the  Government  upwards  of 
a  hundred  thousand  dollars.* 

Immediately  after  general  Jackson  gave  the  presi- 
dent of  the  United  States  his  advice  (by  letter)  on 
the  subject  of  the  war  department,  which  was  then 
vacant.  It  was  reported,  that  governor  Shelby  was 
to  be  secretary  of  war.  Our  hero  objected  to  him, 
on  the  ground  that  his  acquirements  did  not  fit  him 
for  the  duties  of  the  office,  and  recommended  a 
secretary  of  his  own  choice,  colonel  Drayton  of 
South  Carohna.  Mr.  Monroe  answered  his  letter, 
and  they  continued  to  correspond  till  the  appoint- 
ment of  Mr.  Calhoun,  at  which  the  general  appa- 
rently took  umbrage.  It  appears  so  from  this  fact. 
An  order  having  been  given  by  the  president  with- 
out general  Jackson's  knowledge,  to  an  officer  of 
his  district,  he  immediately  issued  an  order  to  his 
division  to  obey  no  command  of  the  president  as 
commander-in-chief,  through  the  w^ar  department, 
unless  it  should  come  from  himself;  a  strange 
construction  of  discipline,  indeed.  True,  military 
etiquette  requires  that  orders  should  be  transmitted 
from   superiors  to   inferiors  through  intermediate 

*  For  the  particulars  of  this  transaction,  see  the  letter  of 
T.  H.  Shelby,  son  of  the  governor,  first  published  in  the 
Kentucky  Advocate. 


106  LIFE    OF    JACKSON. 

grades ;  but  this  is  in  courtesy,  and  to  avoid  con- 
fusion. Were  the  second  in  command  not  thus 
made  acquainted  with  the  intentions  of  the  com- 
mander-in-chiefj  he  might  counteract  tlicm.  In 
peace,  this  courtesy  may  be  advantageous,  because 
there  is  seldom  occasion  for  haste ;  but  in  war  a 
strict  observance  of  it  would  destroy  the  efficacy 
of  any  army.  To  make  the  matter  plainer,  let  us 
suppose  a  case,  which  often  occurs ;  half  a  com- 
pany fall  in  battle,  including  the  officers.  The 
colonel  of  the  regiment,  seeing  a  dangerous  breach 
in  his  ranks,  orders  the  survivors  to  close  up. 
Suppose  the  privates  should  answer,  '  Sir,  we  can- 
not obey  your  orders,  unless  they  come  through 
the  usual  channel  of  our  company  officers.'  The 
enemy  might  enter  the  gap,  and  throw  the  whole 
army  into  disorder.  This  is  but  a  homely  illus- 
tration, yet  it  shows  the  inevitable  results  of  general 
Jackson's  construction  of  etiquette.  The  grand 
maxim  in  military  discipline,  is  '  Obey  the  last 
order,  if  it  comes  from  a  superior.' 

This  order  placed  the  officers  in  general  Jack- 
son's division  in  an  extremely  uncomfortable  and 
embarrassing  situation.  If  a  second  order  had 
emanated  from  the  president  or  the  war  department, 
an  officer  would  have  rendered  himself  liable  to  a 
trial  by  a  court-martial  in  obeying  or  disobeying  it. 
He  must  have  been  ])rosecuted  by  either  the  war 
department  or  the  general.  General  Scott,  who 
has  ever  been  considered  good  authority  in  military 
affairs,  publicly  pronounced  Jackson's  order  an  act 
of  mutiny,  and  an  intemperate  correspondence  took 
place  between  the  two  generals.  Our  hero  pro- 
posed that  the  diffi^rence  of  opinion  should  be 
brought  to  the  arbitration  of  powder  and  ball ;  but 


LIFE    OF    JACKSON.  107 

bis  brother  in  arms  being  of  opinion  that  blowing 
out  the  brains  of  the  one  could  not  enlighten  those 
of  the  other,  declined  the  proposal,* 

All  that  is  worth  preserving  of  the  correspon- 
dence between  the  president  and  our  hero  are  a  few 
characteristic  opaiions  of  the  latter.     He  thought 
Mr.  Ivladison  ^  one  of  the  best  of  men,  and  a  great 
civilian,'  but  unfit  for  tlie  high  station  he  had  filled 
because  *  he  could  not  look  on  blood  and  carnage 
with  composure.'     Speaking  of  the  Hartford  con- 
vention, he  said  that  had  he  commanded  the  district 
where  its  sitting  w^as  held,  he  would  have  hanged 
the  principal  members.     He  thought  the  second 
section  of  the  rules  and  articles  of  war,  which  he 
had  apphed  to  Mr.  Louailler,  would  have  justified 
such  a  course.    Thus  it  appears  that  he  considered 
the  whole  district  a  camp,  in  which  martial  law 
•should  be  paramount. 

The  secretary  of  war  noticed  this  matter  only  in 
•issuing  a  declaration  that  for  the  future  orders  of 
the  war  department  should  be  first  communicated 
to  the  commanding  generals  of  divisions,  excepting 
on  extraordinary  occasions.  When  these  should 
occur  the  generals  were  to  be  notified  of  the  fact 
as  soon  as  possible. 

We  now  come  to  the  history  of  the  Seminole 
campaign,  but  must  first  be  permitted  to  relate  the 
facts  which  led  to  it.  The  Seminole  Indians 
w^ere  originally  IMuscogees,  and  were  considered 
the  outcasts  of  that  people.  They  dwelt  in  East 
Florida,  where  their  principal  places  of  abode  were 
the  Miekasucky  and  Sowanee  villages.  The  former 
were  situated  on  lake  Miekasucky,  near  the  south- 
western part  of  Georgia,  in  the  midst  of  a  wilder- 
ness,  and  surrounded  by  swamps,  by  which  the 


108  LIFE    OF    JACKSON. 

inhabitants  thought  themselves  secured  from  attack. 
The  Sowanee  villages  were  on  the  Sowanee  river, 
which  falls  into  the  gulf  of  Mexico,  near  its  mouth. 
The  Creeks  who  held  out  after  the  subjugation 
of  their  tribe  had  joined  the  Seminoles,  whose 
numbers  were  farther  increased  by  fugitive  slaves 
from  Georgia.  Altogether  they  might  have  mus- 
tered a  thousand  men.*  It  is  said,  that  these 
people  committed  many  depredations  on  the  south- 
ern frontier,  and  found  a  ready  market  for  their 
plunder  in  the  Spanish  towns.  They  were  ani- 
mated with  the  most  deadly  hatred  towards  the 
United  States,  for  which,  it  is  true,  most  of  them 
had  some  reason,  if  injury  received  rnay  be  con- 
sidered such.  Hiilishago,  better  known  as  the 
prophet  Francis,  an  expatriated  Muscogee,  had 
been  to  England,  where,  it  is  said,  on  what  au- 
thority we  know  not,  he  had  received  encourage- 
ment, and  been  taught  to  expect  that  the  British 
government  would  effect  the  restoration  of  the 
Creek  lands.  It  is  also  said,  that  the  Spanish 
officers  encouraged  the  Seminoles  in  their  depre- 
dations, and  it  is  certain  that  the  Spanish  garrisons 
were  overawed  by  them.  The  part  of  general 
Jackson's  district  nighest  the  Seminoles  was  under 
the  immediate  command  of  general  Gaines.  That 
officer  was  ordered  by  the  president,  on  the  30th  of 
October,  1817,  to  concentrate  his  force,  and  take 
other  measures  to  protect  the  frontier.  Eighteen 
hundred  of  the  Georgia  militia  were  also  called 
into  the  field,  and  these  measures  the  president 
hoped  would  '  restrain  the  Seminoles  from  further 
depredations,   and  perhaps  induce  them  to  make 

*  Report  of  a  committee  of  the  senate. 


LIFE    OF    JACKSON.  109 

reparation  for  the  murders  already  committed  by 
them.'  If,  however,  they  should  refuse  so  to  do, 
general  Gaines  was  on  no  account  to  pursue  them 
into  Florida  widiout  further  orders  from  the  war 
department.  Moreover,  general  Gaines  was  directed 
to  remove  the  Indians  remaining  on  the  lands  ceded 
to  the  United  States  in  the  treaty  made  with  the 
Muscogees  by  general  Jackson.^ 

In  obedience  to  his  orders  general  Gaines  built 
three  forts;  Fort  Scott  on  the  Flint  river,  near  its 
junction  with  the  Chatahoochee;  Fort  Gaines,  on 
the  Chatahoochee,  and  on  the  line  between  Georgia 
and  Mississippi ;  and  Fort  Crawford,  in  IMississippi, 
on  a  branch  of  the  Escambia.  He  then  proceeded 
to  expel  the  Indians  as  directed.  They  dwelt 
in  Fowltown,  on  Flint  river,  a  little  below  Fort 
Scott.  On  the  19th  of  November  the  general 
sent  one  of  his  aids  to  require  their  chief  to  appear 
before  him,  and  explain  why  he  did  not  leave  the 
territory.  The  chief,  obeying  the  dictates  of  his 
native  pride,  refused  to  attend. 

On  the  20th  a  major  was  sent,  with  two  hun- 
dred and  fifty  men,  to  apprehend  the  inhabitants  of 
Fowltown,  and  bring  them  to  Fort  Scott.  This 
order  was  easier  given  than  obeyed.  The  Indians 
attacked  the  party  on  its  arrival  at  their  village, 
but  w^ere  routed  with  loss,  and  obliged  to  fly. 
This  affair  is  to  be  regretted.  Our  government 
had  an  undoubted  right  to  remove  the  Indians,  but 
excepting  their  refusal  to  decamp,  the  inhabitants 
of  Fowltown  had  given  no  provocation.  They  had 
lingered  about  their  ancient  home,  but  peacefully, 
and  without  giving  offence  to  any  one.f 

*  Order-of  the  war  department, 
t  Governor  Mitchell's  letter. 


110  LIFE    OF    JACKSON. 

This  attack  on  the  Indians  did  not  pass  unavenged. 
Major  Muhlcnburgh  was  ascending  the  Apalachi- 
cola  river  (which  is  formed  by  the  junction  of  the 
Flint  and  Chatahoochee)  with  three  boats,  and  a 
supply  of  stores  destined  for  Fort  Scott.  Hearing 
that  he  found  much  difficulty,  general  Gaines  de- 
spatched lieutenant  Scott  and  forty  men  down  the 
river,  in  a  boat,  to  his  assistance.  At  the  mouth 
of  Flint  river  this  party  fell  into  an  ambuscade 
of  the  dispossessed  inhabitants  of  Fowltown,  and 
were  all  slain  but  six,  who  escaped  by  swimming. 
Some  women  on  board  were  also  slain,  with  the 
barbarity  peculiar  to  Indian  warfare. 

After  this  success  the  Indians  continued  to  line 
the  banks  of  the  river,  and  to  fire  on  major  Muhlen- 
burgh's  boats,  which  were  detained  several  days 
by  head  winds.  Another  boat  was  made  bullet 
proof  and  sent  down  the  river.  With  the  assistance 
of  its  crew  major  Muhlenburgh  finally  reached 
Fort  Scott.  The  Indians  fled  to  the  Mickasucky 
villages  with  the  scalps  of  their  victims,  which  they 
hung  in  triumph  on  a  pole. 

After  this  general  Gaines  received  three  orders 
from  the  war  department,  all  dated  in  December. 
The  first  directed  him  not  to  cross  the  Florida 
line  to  attack  the  Indians.  The  second  required 
him  to  exercise  a  sound  discretion  in  so  doing. 
The  third  ordered  him,  in  case  the  Seminoles 
should  refuse  to  make  reparation,  to  cross  the  line, 
and  attack  them  in  Florida.  If,  however,  they 
should  shelter  themselves  under  the  guns  of  a 
Spanish  fort  he  was  to  halt,  and  immediately  notify 
the  war  departm.ent.  But  the  general  had  no 
opportunity  to  execute  his  orders.* 

*  Orders  of  the  war  department. 


LIFE    OF    JACKSON.  Ill 

When  the  massacre  of  lieutenant  Scott's  party 
was  known  at  Washington,  general  Jackson  was 
ordered  to  repair  from  Nashville  to  Fort  Scott 
and  assume  the  command.  He  was,  furthermore, 
directed  to  call  upon  the  governors  of  the  adjacent 
States,  for  such  detachments  of  militia  as  he  might 
think  proper."  The  general  did  no  such  thing, 
but  assumed  a  powei;  not  vested  in  the  president, 
the  governors  of  States,  or  any  other  officer.  With- 
out the  shadow  of  authority  he  raised  an  army  of 
twenty-five  hundred  volunteers,  mustered  them  as 
in  the  service  of  the  United  States,  and  appointed 
two  hundred  and  thirty  officers. f  In  this  he  found 
no  difficulty.  Some  of  the  Tennesseans  w^ere  ac- 
tuated by  love  of  country,  and  others  were  very  will- 
ing to  indulge  themselves  with  a  ride  through  a  new 
country  at  the  expense  of  the  government.  There 
was  no  danger ;  eighteen  hundred  of  the  Georgia 
militia  and  fifteen  Imndred  friendly  Creeks  and 
Cherokecs  were  in  th^field  to  co-operate  with  them, 
and  they  had  but  a  handful  of  vagabonds  to  subdue. 

Having  mustered  his  troops,  and  made  arrange- 
ments for  the  campaign  on  the  9th  of  March  foi- 
iowing,  general  Jackson  took  up  the  line  of  march 
for  the  mouth  of  the  Apalachicola,  near  which  he 
built  Fort  Gadsden,  to  serve  as  a  depot  for  sup- 
plies expected  from  New  Orleans.  This  was  in 
a  foreign  territory.     Nor  did  he  stop  here. 

Fort  Crawford,  we  have  already  said,  was  on 
the  head  waters  of  the  Escambia.  The  most  con- 
venient way  of  sending  provisions  to  this  and  the 
other  posts  on  the  border  of  Florida  was  by  the 

*  Orders  of  the  war  department. 

t  Report  of  committee  of  the  senate. 


112  LIFE    OF    JACKSON. 

rivers  that  flow  through  that  territory  into  the  gulf. 
No  ceremony  had  been  used  in  ascending  the 
Apalachicola,  as  there  was  no  Spanisli  fortress  on 
it.  Bat  the  Escambia  flows  by  Barrancas,  and 
the  general  thought  it  most  prudent  to  advise  the 
governor  of  Pensacola  of  his  intention  to  send  his 
provisions  that  way.  That  it  might  be  understood 
that  he  was  in  earnest,  he  informed  the  governor 
that  he  should  consider  any  hindrance  of  his  boats 
as  an  act  of  hostility  against  tlie  United  States. 
The  governor  replied,  that  on  paying  the  customary 
duties,  the  stores  might  proceed.  Tiie  general  did 
not  think  fit  to  comply  widi  this  lawful  requirement, 
but  executed  his  purpose  witiiout  furtlier  regard 
to  die  colonial  audiorilies.  No  interruption  was 
offered. 

On  the  1st  of  April,  the  army  reached  the 
Mickasucky  villages,  which  had  been  deserted  on 
its  approach.  Upwards  of  forty  scalps  were  found 
in  the  councd-housc,  most  of  which  were  supposed 
to  have  been  taken  from  lieutenant  Scott's  i)arty. 
General  Jackson  burned  the  villages,  and  having 
left  his  Indian  allies  to  hunt  for  their  inhabitants, 
marched  to  St.  Marks,  a  Spanish  post  on  Apalachy 
Bay.  The  fort  had  but  a  feeble  garrison.  Gen- 
eral Jackson  required  the  commander  to  give  place 
to  the  American  troops,  and,  without  waiting  for 
an  answer  took  possession  with  force  and  arms. 
The  commandant  and  his  troops  he  shipped  off 
to  Pensacola. 

While  the  American  troops  were  at  St.  Marks 
a  vessel  arrived  from  New  Orleans  with  supplies. 
Her  master  hoisted  British  colors  as  a  decoy,  and 
stood  oft'  and  on.  The  lure  took  effect;  Hillis- 
hago,  already  mentioned,  and  three  others,  who 


LIFE    OF    JACKSON.  113 

bad  been  hiding  in  the  vicinity,  went  on  board. 
Hoisting  false  colors  is  certainly  allowed  by  the 
laws  of  war,  but  the  treatment  of  these  miserable 
savages  was  not.  They  were  hanged  without  trial, 
without  even  presumptive  evidence  of  having  com- 
mitted any  crime,  by  general  Jackson's  order.  It 
luas  said,  indeed,  that  Hillishago  had  been  the 
instigator  of  the  war,  and  that  the  others  had  been 
among  those  who  attacked  lieutenant  Scott.  Even 
were  this  the  case,  we  believe  no  other  officer  in 
our  army  would  have  taken  the  lives  of  prisoners 
of  war  in  cold  blood. 

Shortly  after  the  attack  on  Fowltown,  an  Ameri- 
can citizen  was  made  prisoner  by  a  Seminole  war- 
party  and  taken  to  the  Mickasucky  village.  He 
was  about  to  be  put  to  death  when  the  daughter 
of  a  chief  interposed,  stayed  the  uplifted  arm  of 
the  executioner,  and  with  tears  besought  her  father 
to  spare  the  prisoner's  life.  The  chief  yielded, 
and  the  American  was  suffered  to  depart  in  peace. 
The  man  who  thus  showed  mercy  was  Francis 
Hillishago.* 

"  We  give  this  fact  on  the  authority  of  Mr.  Storrs,  a  mem- 
ber of  Congress,  who  was  not  a  man  to  speak  unadvisedlv. 
8 


CHAPTER  X. 

Arbuthnot  made  prisoner.  Ambrister  seized.  Charges  against 
Arbuthnot.  His  trial.  He  is  sentenced  to  death.  Charges  against 
Ambrister.  His  sentence.  General  Jackson's  conduct  and  prin- 
ciple of  national  law.  Invasion  of  West  Florida.  Hostile  pro- 
ceedings. General  Jackson  assumes  the  reins  of  government. 
Captain  Wright's  murders.  General  Jackson's  letter  to  governor 
Rabun.  Governor  Rabun's  reply.  General  Jackson  returns  to 
Nashville. 

Alexander  Arbuthnot,  a  Scot  and  an  Indian 
trader,  was  taken  near  St.  Marks  and  confined. 
This  man  traded  at  the  Sowanee  vi]la2;es.  He 
was  the  owner  of  a  small  vessel  employed  in  his 
trade  between  Florida  and  the  Bahamas,  which  was 
seized  by  general  Jackson,  and  used  to  transport 
the  invalids  and  superfluous  baggage  of  the  army 
to  St.  Marks.  It  appears  that  Arbuthnot  had,  like 
other  Indian  traders,  attached  himself  to  those  with 
whom  he  dealt,  and  considered  their  cause  his  own. 
We  draw  this  inference  from  a  letter  he  wrote  in 
January  to  governor  Mitchell,  the  Indian  agent,  in 
which  he  endeavored  to  avert  the  war  by  showing 
that  the  sava^'es  w^ere  not  the  aggressors.^  He 
was  also  an  accredited  agent  of  the  Seminoles, 
having  the  preceding  year  received  a  power  of 
attorney  from  their  chiefs  to  transact  the  business 
of  the  tribe. 


*  Governor  Mitchell's  letter,  which  confirms  Arbuthnot's 
statement. 


LIFE    OF    JACKSON.  115 

Oil  the  16th,  the  army  arrived  at  thC'Sowanee 
villages,"  and  though  the  inhabitants  fled  at  their 
approach,  killed  eleven  of  them.  After  the  cattle 
and  corn  had  been  collected,  the  towns  were  de- 
stroyed. 

Two  days  after,  one  Robert  C.  Ambrister,  who 
had  been  a  British  lieutenant  of  marines,  was 
seized,  and  this  done,  the  army  returned  to  St. 
Marks.  So  terminated  the  celebrated  Seminole 
war,  in  which  no  battle  was  fought  and  no  danger 
incurred.  The  enemy  never  thought  of  contending 
with  the  overwhelming  force  brought  against  them, 
but  fled  even  at  its  approach. 

When  the  Georgia  militia  and  the  Indian  allies 
had  been  discharged,  the  next  object  was  the  dis- 
posal of  the  prisoners.  Arbuthnot  and  Ambrister 
were  brought  before  a  court  martial.  The  charges 
against  Arbuthnot  were^ 

'  Exciting  and  stirring  up  the  Creek  Indians  to 
war  against  the  United  States,  he  being  a  subject 
of  Great  Britain,  with  whom  they  ivere  at  peace. 

'  Acting  as  a  spy,  aiding,  abetting  and  comforting 
the  enemy,  and  supplying  them  with  the  means  of 
war. 

'  Exciting  the  Indians  to  murder  and  destroy 
William  Hambly  and  Edward  Doyle,  and  causing 
their  arrest  ivith  a  view  to  their  condemnation  to 
death,  and  the  seizure  of  their  property,  on  account 
of  their  active  and  zealous  exertions  to  maintain 
peace  between  Spain,  the  United  States  and  the 
Indians,  they  being  citizens  of  the  Spanish  govern- 
ment.^ 

Hambly,  the  person  against  whose  life  Arbuthnot 
was  alleged  to  have  practised,  was  allowed  to  tes- 
tify what  he  had  heard  the  Indians  say  of  the  pris- 


116  LIFE    OF    JACKSON. 

oner.*  This  was  the  first  time  mere  hearsay  was 
ever  received  as  evidence  before  an  Ameiican  tri- 
bunal, military  or  civil.  At  the  same  time  Am- 
brister  was  not  permitted  to  testify  in  Arbuthnot's 
favor,  because  he  was  under  arrest  on  similar 
charges.  By  the  common  consent  of  all  civilized 
nations  no  man  is  presumed  guilty  till  proved  to  be 
so,  and  no  one  is  disqualified  from  bearing  witness 
till  convicted  of  some  infamous  crime  ;  not  even 
then  :  an  infamous  person  may  testify,  and  the 
jury  may  believe  him  or  not :  it  rests  on  their  dis- 
cretion. Hambly,  too,  traded  in  opposition  to  Ar- 
buthnot,  and  had  an  interest  to  wish  him  ill. 

It  appeared  by  the  evidence  against  Arbuthnot, 
such  as  it  was,  that  besides  what  we  have  already 
specified,  he  had  induced  the  fugitive  Creeks  to 
believe  that  the  British  government  would  assist 
them  to  recover  their  lands  vi  et  armis.  He  had 
written  to  the  British  government,  the  British  am- 
bassador at  Washington  and  the  governor  of  the 
Bahamas  in  their  behalf.  He  had  sold  the  Indians 
powder  and  ball,  which  might  be  used  in  war  as 
well  as  the  chase.  He  had  induced  the  Indians  to 
make  prisoners  of  Hambly  and  Doyle,  by  represent- 
ing these  as  having  brought  the  American  forces 
upon  them.  While  the  American  troops  were 
marching  on  Mickasucky  he  had  written  to  his  son 
to  secure  his  property,  and  to  advise  the  Indians 
by  no  means  to  give  battle,  but  rather  to  save  them- 
selves by  flight. 

The  prisoner  did  not  deny  the  jurisdiction  of 
the  court,  which  found  him  guilty  of  the  first  charge, 
and  of  so  much  of  the  second  as  did  not  relate  to 

*  See  the  Record. 


LIFE    OF    JACKSON.  117 

being  a  spy.  They  decided  that  they  had  no 
jurisdiction  over  the  third.  Nevertheless  they 
sentenced  him  to  be  hung. 

We  ^re  ignorant  what  article  of  war  or  law  of 
the  land  makes  '  exciting  the  Indians  to  murder 
and  destroy,  8wC.'  two  Spaniards,  a  capital  crime. 
Nor  do  we  know  how  exciting  a  foreign  people  to 
war  can  render  a  foreigner  amenable  to  an  American 
court-martial.  The  accusation  of  having  supplied 
the  enemy  with  the  means  of  war  was  absurd. 
Arms  and  ammunition  are  the  staple  of  the  Indian 
trade,  and  without  them  it  could  not  be  carried  on. 
A  considerable  part  of  the  revenue  of  our  govern- 
ment is  to  this  day  derived  from  the  demand  of  the 
Indians  for  such  articles.  Even  were  doing  so  a 
crime,  Arbuthnot  never  supplied  the  savages  with 
such  articles  within  our  territories.  If  the  simple 
act  be  criminal,  then  are  hundreds  of  respectable 
American  citizens  guilty  unto  death.  Every  Indian 
trader  who  has  furnished  an  Indian  with  a  weapon 
with  which  he  has  committed  a  murder  deserves  to 
die  as  much  as  Arbuthnot  did.  The  utmost  the  laws 
of  nations  allow  in  such  cases  is  to  seize  the  '  con- 
traband of  war,'  or  arms  and  ammunition,  when 
carried  by  a  neutral  to  the  enemy.  If  Arbuthnot 
had  been  an  American  citizen,  not  one  of  the 
charges  against  him  was  a  fit  subject  for  the  discus- 
sion of  the  court-martial  excepting  that  of  being  a 
spy,  and  of  that  he  w^as  acquitted.  What  almost 
makes  these  deplorable  proceedings  laughable  is, 
that  half  the  members  of  the  court-martial  were 
not  even  officers  of  militia,  having  derived  their 
rank  and  authority  from  no  other  source  than  the 
will  and  pleasure  of  general  Jackson.  We  may 
safely  challenge  the  general's  friends  to  produce  a 


118  LIFE    OP   JACKSON. 

passage  in  jNIacartney,  Adye,  or  any  other  approved 
writer  on  martial  law,  that  justifies  such  proceedings, 

Amhrister  was  charged  with 

'  Aiding,  abetting  and  comforting  the  enemy  and 
supplying  them  with  the  means  of  war  ;  and  lead- 
ing and  commanding  the  Loiver  Creeks  in  carrying 
on  a  war  against  the  United  States,^ 

He  pleaded  not  guilty  to  the  first  charge  anci 
denied  the  power  of  the  court  to  arraign  him  on 
the  second.  However,  the  court  pronounced  it- 
self competent  and  the  trial  proceeded. 

Amhrister  was  a  very  young  man,  who  had 
served  in  the  British  navy  against  the  United 
States  in  the  southern  campaign.  It  is  said  that 
he  remained  in  Florida  as  a  secret  agent  of  the 
British  government,  but  as  there  is  no  proof  of  the 
allegation,  we  must  dismiss  it  as  unworthy  of  notice. 
He  had  been  some  time  at  the  Sowanee  villages, 
as  a  trader,  but  not  in  connexion  with  Arbuthnot. 
On  the  approach  of  the  American  troops  he  had 
put  himself  at  the  head  of  as  many  Seminoles  as 
he  could  rally,  broke  open  Arbuthnot's  magazine, 
distributed  the  arms  and  ammunition  it  contained 
to  his  followers,  and  endeavored  to  excite  them  to 
resistance.  In  this  he  wholly  failed.  Such  were 
the  facts  proved  on  his  trial. ^ 

The  court  sentenced  him  to  be  shot,  but  on  re- 
consideration, revoked  that  decree  and  condemned 
him  to  receive  fifty  stripes,  and  to  be  confined  to 
hard  labor  in  fetters  for  a  year. 

General  Jackson  approved  the  sentence  of  Ar- 
buthnot and  ordered  it  to  be  executed  immedi- 
ately.    He  disapproved  the  reconsideration  of  the 

*  See  the  Records  of  the  Court. 


L5FE    OF    JACKSON.  119 

court  ill  the  case  of  Ambrister,  and  ordered  the 
first  scntei>ce  to  be  carried  into  effect.  Strange 
depravity  of  judgmeat  must  be  attributed  to  that 
American  citizen  who  takes  the  power  of  life  and 
death  into  his  own  hands.  It  is  an  established 
principle  in  martial,  as  well  as  civil  law,  that  the 
executive  power  may  ameliorate,  but  not  increase 
the  penalties  of  the  law. 

On  this  occasion  general  Jackson  made  this 
strange  declaration.  '  It  is  an  established  principle 
in  the  law  of  nations,  that  any  individual  of  a  nation 
making  war  upon  the  citizens  of  another  Ration, 
forfeits  his  allegiance,  and  becomes  an  outlaw  and 
a  pirate.' 

If  this  be  true,  what  were  Pulaski,  De  Kalb, 
and  Stuben.  What  was  Lafayette?  Lee  made 
war  against  his  own  country  in  our  behalf,  and  yet 
liis  conduct  has  never  been  questioned^  Were 
the  general's  construction  of  national  law  admitted, 
hundreds  of  our  fellow  countrymen  in  arms  for 
Grecian  and  South  American  liberty  would  have 
been  in  the  condition  of  pirates  and  outlaws,  and 
liable  to  suffer  as  such.  Happily,  so  narrow  an 
opinion  is  confined  to  its  author,  and  a  prisoner 
receives  the  same  treatment  as  those  on  whose 
side  he  is  taken.  By  the  common  consent  of 
mankind  any  citizen  of  any  nation  may  give  or  sell 
his  services  to  any  other  nation.  Arbuthnot  and 
Ambrister  had  as  good  a  right  to  enter  the  service 
of  the  Seminoles  as  Lafayette  had  to  enter  that  of 
the  United  States.  That  they  considered  them- 
selves so  engaged  is  evident  from  then*  ^conduct. 
No  other  motive  can  be  assigned  to  tliem.  Their 
measures  were  not  calculated  to  advance  their 
private  interests.     No  proof  was  ever  adduced  that 


120  LIFE    or    JACKSON. 

they  were  foreign  agents  ;  on  the  contrary,  the 
British  government  disavowed  them  as  such.  In 
short,  with  the  exception  of  the  single  charge 
(against  Ambrister)  of  being  a  spy,  nothing  alleged 
against  them  made  them  liable  to  be  arraigned  be- 
fore an  American  com't,  supposing  that  court  to 
have  been  legally  organized.  They  were  subject 
only  to  the  then  existing  laws  of  Florida,  on  the 
score  of  their  conduct  toward  Spanish  subjects. 
It  is  not  to  be  conceived  how  general  Jackson  or 
his  court  could  fancy  themselves  authorized  to 
take  cognizance  of  any  outrage  committed  on  one 
foreigner  by  another  in  a  foreign  land. 

Arbuthnot  and  Ambrister  being  murdered  (we- 
can  find  no  milder  word  to  express  our  sense  of 
this  transaction)  general  Jackson  started  again  in 
pursuh  of  the  fugitive  Seminoles,  leaving  a  garrison 
behind  him  in  St.  Marks.  He  had  heard  that 
some  of  the  wretched  objects  of  his  pursuit  had 
taken  refuge  in  West  Florida,  and  proceeded  on 
the  broad  principle,  that  no  hostile  Indian  was  to 
be  tolerated  in  any  part  of  Florida.  He  arrived 
about  the  middle  of  May  at  the  Escambia,  near 
Pensacola,  without  having  met  an  enemy.  Here 
he  received  a  spirited  remonstrance  from  the  gov- 
ernor of  West  Florida  complaining  of  the  violation 
of  a  Spanish  territory,  as  an  act  of  open  war,  and 
threatening  resistance. 

Whatever  the  will  of  the  worthy  governor  might 
have  been,  he  had  not  the  means  of  opposition, 
and  he  had  to  do  with  a  man  not  easily  to  be- 
turned  from  his  purpose.  General  Jackson  had 
heard  that  a  few  of  the  fugitives  had  passed 
through  the  town  and  encamped  on  the  opposite 
side  of  the  bay,  whither  he  determined  to  follow 


LIFE    OF    JACKSON.  121 

them.  Perhaps  he  was  In  some  degree  actuated 
by  a  desire  to  show  the  governor  the  respect  in 
which  he  held  his  remonstrances.  He  took  pos- 
session on  the  24th,  without  resistance  ;  the  gov- 
ernor and  the  mihtary  having  fled  to  Barancas  for 
protection.  The  next  day  our  hero  invested  the 
fort  in  form  and  bombarded  it  two  days,  when  it 
was  surrendered.  What  good  the  general  pro- 
posed to  attain  by  this  unnecessary  and  wanton  act 
of  hostihty  does  not  appear.  Perhaps  he  beheved 
the  government  would  hold  his  conquest. 

Whatever  his  views  were,  it  is  certain  he  made 
a  tyrannical  use  of  his  ill-gotten  power.  He 
pulled  down  the  Spanish  flag,  hoisted  his  own  in 
its  place,  and  shipped  the  governor  and  officers  of 
the  garrison  to  Havanna.  This  was  a  hard  case, 
for  many  of  them  had  families  and  property,  which 
they  could  not  well  leave  or  carry  away.  Never- 
theless they  were  obliged  to  yield  to  force.  The 
general  did  not  stop  here  ;  he  appointed  a  civil 
and  military  governor  and  a  collector  of  the  port. 
The  former  was  authorized  by  him  to  appoint 
subordinate  officers,  to  collect  the  revenue,  to  ad- 
minister the  laws,  and  in  short,  to  take  such 
measures  as  if  the  general's  conduct  was  to  have 
passed  unquestioned,  and  Florida  to  have  remained 
a  permanent  possession  of  the  United  States."^ 

We  now  proceed  to  relate  the  events  which  led 
to  a  correspondence  between  general  Jackson  and 
governor  Rabun,  of  Georgia.  A  body  of  Indians 
from  the  Hopponee  and  Philemmee  villages  on 
Flint  river  had  committed  such  depredations  on 
the  frontier  of  Georgia  as  governor  Rabun  believed 

*  All  the  public  prints. 


122  LIFE    OF    JACKSON. 

called  for  summary  punishment.  A  party  of  the 
Georgia  militia  had  been  called  into  the  field  by 
the  governor  before,  and  from  these  he  selected  a 
captain  Obed  Wright  to  execute  his  purpose. 
This  man  was  ordered  to  destroy  the  towns  above 
named,  and  was  not  slow  in  obeying  what  he 
thought  tbe  spirit  of  his  instructions. 

He  was  unfortunately  advised  that  the  chiefs  of 
the  offending  bands  were  at  Chehaw.  He  reached 
that  town  on  tbe  22d  of  April,  put  the  few  men 
he  found  to  the  sword,  drove  the  non-combatants- 
out,  burned  the  dwellings  and  destroyed  or  carried 
off  all  property  of  every  description.  The  people 
of  Chehaw  had  certainly  no  reason  to  expect  such 
a  visitation.  The  men  were  of  those  who  had 
fought  by  general  Jackson's  side  through  the  Creek 
war,  and  most  of  them  were  now  marching  under 
his  orders  against  Spain  and  the  Seminoles.  Those 
who  remained  had  given  no  offence  to  any  w^hite 
person  whomsoever,  unless  receiving  the  visit  of 
the  hostile  chiefs  be  so  considered.  It  has  never 
been  ascertained  whether  the  victims  sought  were 
among  them  at  the  time  of  the  attack  or  not,  but  if 
they  were,  captain  Wright  does  not  the  less  de- 
serve to  be  held  in  execration. 

The  surviving  chiefs  of  Chehaw  made  a  humble 
representation  of  their  distress  to  the  Indian  agent, 
who  ordered  the  property  of  which  they  had  been, 
robbed  to  be  restored,  promised  them  indemnifi- 
cation, and  assured  them  that  captain  Wright 
should  be  punished. 

News  of  this  event  reached  general  Jackson  on 
the  7th  of  May,  and  filled  him  with  righteous  in- 
dignation. It  is  pity  that  the  expression  of  it  was 
indecorous.     He  wrote  to  governor  Rabun  in  great 


i 


LIFE    OF    JACKSON-  123 

wrath,  saying,  it  appeared  to  him  strange  and  un- 
accountable that  the  governor  of  a  State  should 
assume  the  right  of  making  war  on  a  peaceable 
Indian  tribe  under  the  protection  of  the  United 
States,  '  You,  Sir,'  the  general  pursued,  '  as  the 
governor  of  a  State  within  my  military  division, 
have  no  right  to  give  a  military  order  while  I  am 
in  the  field.'  A  strange  doctrine,  truly  ;  that  the 
appointment  of  a  major-general  should  abrogate 
the  powers  of  the  executive  of  any  State  near 
which  he  may  be.  What  the  general  added  was 
more  honorable  to  him.  He  informed  governor 
Rabun  that  Wright  must  be  punished  for  his  out- 
rageous conduct,  and  that  he  had  ordered  him  to 
be  arrested  and  put  in  irons. 

The  governor,  in  his  answerj  agreed  with  the 
general  that  Wright  deserved  punishment,  and  in- 
formed him  that  he  had  taken  the  proper  measures. 
He  spoke  of  the  principle  advanced  by  the  general 
with  much  warmth.  '  Wretched  and  contemptible 
indeed  must  be  our  situation,'  he  said,  '  if  it  be  a 
fact  as  you  state,  that  a  governor  of  a  State  has  no 
right  to  give  an  order  while  you  are  in  the  field. 
When  the  liberties  of  the  people  of  Georgia  shall 
have  been  prostrated  at  the  feet  of  a  military  des- 
potism, then,  and  not  till  then,  will  your  imperious 
doctrine  be  submitted  to.'  The  governor  farther 
informed  the  general  that  Wright  had  never  been 
under  his,  the  general's,  command,  and  that  he 
should  continue  to  think  and  act  for  himself,  with- 
out regard  to  his  wishes  or  opinions. 

Our  hero  replied  ;  counselling  governor  Rabun 
to  become  better  acquainted  with  the  laws  of  his 
country,  before  entering  into  controversy  with  him 
touching  their  relative  powers  and  duties.     It  must 


124  LIFE    OF    JACKSON. 

be  owned  that  this  advice  would  have  come  from 
any  other  quarter  with  a  better  grace.  The  gov- 
ernor retorted  by  advising  the  general  to  study  the 
orders  of  his  superiors  with  more  than  habitual 
care,  before  undertaking  another  campaign.  So 
ended  this  shameful  correspondence,  with  no  other 
effect  than  showing  the  want  of  dignity  and  temper 
on  both  sides. "^ 

Previous  to  retiring  from  his  command  general 
Jackson  gave  orders  to  general  Gaines  to  seize  St. 
Augustine,  in  case  he  could  find  proof  that  any  of 
the  hostile  Indians  had  received  comfort  or  enter- 
tainment there.  The  order  was  never  acted  upon. 
This  done,  our  hero  disbanded  his  volunteers  and 
returned  to  Nashville. 


*  See  the  Correspondence,  which  confirms  all  we  advance, 
and  moze. 


CHAPTER  XL 

Summary  of  the  Seminole  war.  Demands  of  the  government  of 
Spain.  Proceedings  of  Congress.  Mr.  Adams.  Mr.  Clay,  lie- 
port  of  a  committee  of  the  senate.  Report  of  a  committee  of  the 
lower  house.  Opinions  in  the  cabinet.  Mr.  Jackson  appointed 
governor  of  Florida.  His  official  proceedings.  His  opinions. 
Arrest  ap.d  maltreatment  of  Don  Jose  Callava.  Spanish  officers 
banished.     Violation  of  the  treaty.     Governor  Jackson  resigns. 

In  summing  up  the  history  of  the  Seminole 
campaign  we  find  nothing  of  which  our  country 
can  be  proud.  It  ought  rather  to  be  called  the 
Seminole  hunt  than  the  Seminole  war.  About 
fifty  hostile  Indians  and  negroes  were  put  to  death 
and  twenty  of  our  Indian  allies  w^ere  also  killed,  but 
no  white  man  was  slain  in  the  expedition.  Two 
prisoners,  not  taken  in  arms,  were  put  to  death 
in  cold  blood,  without  trial  or  ceremony,  and  two 
Englishmen  were  barbarously  murdered.  Several 
hundred  Indian  huts  were  burned,  and  several 
hundred  Indians  driven  into  exile.  Florida  w^as 
invaded  the  second  time,  and  violent  hands  were 
laid  on  the  Spanish  executive  and  his  subordinates. 
In  a  few  weeks  affairs  returned  to  their  former 
position.  The  Spanish  government  required  that 
the  acts  of  our  army  should  be  explicitly  dis- 
avowed, that  every  thing  should  be  restored  to  the 
state  it  was  in  before  general  Jackson  entered  the 
Floridas,  that  reparation  should  be  made  for  all 


126  LIFE    OF    JACKSON. 

losses,  and  that  the  commanding  general  should 
be  punished.  With  each  and  all  of  these  de- 
mands, excepting  the  last,  our  government  thought 
fit  to  comply. 

In  a  moral  point  of  view,  the  Seminole  hunt  is- 
more  important.  It  became  a  subject  of  warm 
discussion  in  both  houses  of  Congress,  and  the 
conduct  of  generalJackson  had  mcany  distinguished 
censurers.  Mr.  Adams  defended  it,  and  it  seems 
a  just  retribution  that  he  should  have  been  pushed 
from  ^  his  seat  by  the  man  he  blindly  saved  from 
righteous  rebuke.  Perhaps  lie  was  aware  that 
the  national  honor  must  have  been  tarnished  in 
the  investigation,  or  was  grateful  for  the  past  ser- 
vices of  the  general.  Mr.  Clay  had  a  better  per- 
ception of  the  case,  and  exerted  his  eloquence 
powerfully,  though  in  vain,  to  communicate  it  to 
others.  Committees  of  both  houses  reported  very 
unfavorably  for  our  hero,  and  as  their  reports  shed 
more  light  on  the  aftliir  than  anything  we  are  ca- 
pable of  writing,  we  will  give  extracts  from  die 
report  of  the  committee  of  the  senate. 

This  document  says,  '  Your  committee  would 
feel  themselves  wanting  in  duty  did  they  not  ex- 
press their  decided  disapprobation  of  the  course 
taken  by  the  commanding  generals  to  raise  and 
organize  troops.  It  is  with  regret  they  are  com- 
pelled to  declare  that  they  conceive  general  Jack- 
son to  have  disregarded  the  positive  orders  of  the 
department  of  war,  the  constitution  and  the  laws  ; 
that  he  has  taken  on  himself  not  only  those  powers 
delegated  to  Congress,  and  of  the  president  and 
senate  as  it  relates  to  appointments,  but  of  the 
powers  expressly  reserved  to  the  States  in  the  ap- 
pointment of  officers  of  militia.     The  committe-s 


LIFE    OF    JACKSON.  127 

find  the  melancholy  fact  before  them,  that  military 
officers,  even  at  tiiis  early  stage  of  this  republic, 
have  without  the  shadow  of  authority  raised  an 
army  of  twenty-five  hundred  men.  Two  hundred 
and  thirty  officers  have  been  appointed,  from  a 
brigadier-general  to  the  lowest  subaltern.  To 
whom  were  these  officers  accountable  ?  Not  to 
the  president,  for  it  was  not  considered  necessary 
even  to  finniish  him  with  a  list  of  their  names,  and 
not  till  the  pay-rolls  were  made  out  and  payment 
demanded  were  the  persons  known  to  the  war  de- 
partment. General  Jackson  seemed  to  consider 
those  officers  of  his  own  creation  competent  to 
discharge  all  the  functions  of  officers  appointed  by 
the  general  or  state  governments,  for  we  find  five 
of  them  detailed  to  act  on  a  trial  of  life  and  death. 
On  the  same  principle  might  he  not  have  tried, 
condemned,  and  executed  any  officer  of  the  Geor- 
gia militia,  by  a  court  composed  of  officers  created 
by  him  and  holding  authority  by  the  tenure  of  his 
will? 

'The  constitution  declares, ."  Congress  shall 
have  power  to  declare  war,  grant  letters-of-marque 
and  reprisal,  and  make  rules  concerning  captures 
on  land  and  water."  Surely  it  was  never  designed 
by  this  provision,  that  a  military  officer  should  first 
make. war  and  afterwards  leave  it  to  Congress  to 
declare  it.  It  is  sufficient  to  say  that  the  execu- 
tive, much  less  a  subordinate  officer,  has  no  power 
to  change  the  pacific  relations  of  the  nation.  The 
president  is  constitutionally  bound  to  preserve 
peace  till  Congress  declares  war  ;  he  can  only  in 
peace  use  the  military  force  of  the  nation  in  three 
specified  cases ;  to  execute  the  laws,  to  suppress 
insurrection,  and  to  repel  invasion.     It  will  not  be 


128 


LIFE    OF    JACKSON. 


pretended  that  Spain  had  invaded  the  United 
States,  or  that  Congress  had  declared  war  against 
that  nation.  The  question  to  decide  is  whether 
the  conduct  of  general  Jackson  was  not  war  against 
Spain.  And  on  this  subject  there  can  be  no 
doubt.' 

The  report  of  the  committee  of  the  lower  house 
was  based  on  the  unnecessary  execution  of  tlie 
prisoners  when  the  war  was  over,  the  unfairness 
and  illegality  of  their  trial,  the  erroneous  principles 
of  national  law  advanced  by  the  general,  and  the 
death  of  one  contrary  to  the  sentence  of  the  court- 
martial. 

The  report  of  the  committee  of  the  senate  be- 
ing made  near  the  close  of  the  session,  no  vote 
was  taken  on  the  subject.  The  report  of  the  com- 
mittee of  the  lower  house  afforded  a  subject  of  ve- 
hement discussion,  and  was  finally  rejected  by  a 
majority  of  one  hundred  to  seventy.  In  neither 
committee  did  all  the  members  concur  in  the  re- 
port. 

Wroth  was  general  Jackson  at  these  expressions 
of  disapprobation.  He  went  to  Washington  to  de- 
fend his  character,  but  only  made  the  matter  worse. 
While  there  he  indulged  in  very  abusive  language 
and  invectives  against  those  members  of  Congress 
who  had  blamed  him  most  severely.  He  armed 
himself,  and  started  for  the  capitol,  with  the  avowed 
purpose  of  cutting  off  the  ears  of  one  of  the  sena- 
tors, who  had  most  severely  animadverted  on  his 
conduct.*  But  commodore  Decatur  met  him  on 
the  way  and  by  timely  remonstrance  prevented 
him  from  executing  his  purpose. 

'  Senator  Lacock's  letter. 


LIFE    OF    JACKSON.  129 

The  propriety  of  punishing  general  Jackson  was 
discussed  in  tlie  cabinet  also,  and  the  opinions  of 
its  several  members  have  been  made  known ;  by 
which  it  appears  that  the  public  course  taken  by 
Mr.  Adams  was  against  his  real  ideas  of  equity. 
He  said  that  '  shooting  was  too  good  for  our  hero, 
if  he  had  been  a  subaltern  officer.'  Mr.  Monroe 
thought  that  if  a  young  officer  had  acted  like  the 
general,  he  might  safely  be  punished.  Mr.  Cal- 
houn was  for  having  the  offender  punished,  or  ac- 
cording to  his  own  account,  for  having  him  tried 
by  a  court  of  inquiry  or  court  martial.  From  the 
whole  of  their  proceedings  it  appears  that  every 
member  of  the  cabinet,  and  the  president  himself, 
was  of  opinion  that  the  general  had  committed  out- 
rages on  the  constitution,  and  that  the  result  of 
their  council  was  a  resolution  that  it  was  inexpe- 
dient and  impolitic  to  punish  him. 

It  seems  too  from  these  curious  disclosures,^ 
that  general  Jackson  very  well  knew  he  was  about 
to  exceed  his  powers  at  the  commencement  of  the 
Seminole  campaign,  and  that  he  acted  as  he  did, 
thinking  to  please  president  Monroe.  He  had 
written  a  letter  to  the  president  giving  it  as  his 
opinion  that  Florida  ought  to  be  occupied.  He 
added  that  as  this  was  a  delicate  question  for  the 
executive  to  decide  upon,  he  would  take  the  re- 
sponsibility of  the  measure  on  himself  if  the  presi- 
dent would  but  give  him  a  hint  so  to  do.  At  least, 
such  is  the  statement  of  Mr.  Crawford,  who  avers 
that  he  saw  the  letter.  He  says  too,  that  the  pro- 
duction of  the  document  had  a  great  weight  with 

*  Correspondence  between  president  Jackson  and  Messrs. 
Calhoun  and  Crawford. 


30  LIFE    OF    JACKSON. 

.he  council,  which  Mr.  Calhoun  denies.  The 
odium  of  a  falsehood  rests  between  them. 

It  is  also  apparent  that  Mr.  Monroe  endeavored 
to  induce  general  Jackson  to  exonerate  the  gov- 
ernment from  the  responsibility  of  the  occupation 
of  Florida  by  holding  out  to  him  the  chance  of  all 
the  fame  the  people  might  award  to  the  action.* 
Had  it  involved  the  nation  in  a  war  with  Spain  or 
the  holy  alliance,  as  in  the  natural  course  of  events 
might  have  been  expected,  the  fame  would  have 
been  little  desirable. 

But  the  general  refused  to  be  cajoled,  and  said 
that  the  discretionary  power  that  had  been  given 
him  should  be  the  ground  of  his  justification  if  it 
should  become  necessary  for  him  to  defend  him- 
self. He  had  been  ordered,  he  said,  to  do  his 
Ijest  to  terminate  the  war,  and  that  general  order 
should  cover  all  he  had  done.f  That  is,  he  be- 
lieved himself  to  have  been  vested  with  the  powers 
of  a  dictator.  According  to  his  version  of  his  in- 
structions he  might  have  invaded  Cuba,  for  the 
authorities  there  were  obnoxious  to  the  same  im- 
putations as  those  of  Florida.  J 

This  was  not  the  first  time  that  general  Jackson 
had  done  the  deed,  and  then  advanced  some  ab- 
surd, untenable  principle  to  justify  it.  It  seems  as 
if  he  would  often,  if  he  could,  have  broken  down 
as  well  through  all  restraints. 

The  death  of  Arbuthnot  and  Ambrister  was  dis- 
cussed in  the  British  parliament,  when  it  was  de- 
cided that  as  they  had  left  their  own  country,  and 

*  See  his  letter  of  July  19,  1818,  to  general  Jackson. 
I  General  Jackson's  reply. 

t  For  all  these  facts  see  the  published  correspondence  of 
the  parties  concerned. 


LIFE    OF    JACKSON.  131 

joined  the  ranks  of  another,  tbey  were  liable  to  be 
treated  in  the  same  manner  as  those  with  whom 
they  associated,  and  that  their  execution  gave 
Great  Britain  no  cause  of  complaint. 

After  the  events  we  have  recorded  nothing  worth 
mentioning  happened  to  our  hero  till  the  spring  of 
eighteen  hundred  and  twenty-one.  The  army 
being  then  reduced,  he  was  left  out ;  but  did  not, 
however,  remain  in  the  rank  of  a  private  citizen. 
Florida  was,  by  the  treaty,  to  be  ceded  in  August, 
and  in  June  general  Jackson  was  appointed  gov- 
ernor of  the  whole  territory,  with  the  same  powers 
before  exercised  by  the  Spanish  governors.  These, 
as  Congress  had  not  framed  any  system  of  laws  for 
Florida,  were  necessarily  in  some  measure  discre- 
tionary. At  the  same  time  Eligius  Fromentin  was 
appointed  chief-justice. 

The  Spanish  officers  yielded  their  several  com- 
mands on  the  day  appointed  by  the  treaty,  and 
governor  Jackson  proceeded  to  devise  ordinances 
for  the  government  of  Florida.  He  divided  the 
territory  into  two  counties,  v/ithout  regard  to  the 
former  distinctions  of  East  and  West  Florida. 
The  lands  west  of  the  Sowanee  river  constituted 
one  of  his  counties,  under  the  title  of  Escambia, 
and  those  east  of  that  river  the  other,  which  he 
called  St.  John's.  The  governor's  jurisprudence 
was  based  on  his  own  will,  and  may  be  best  under- 
stood by  a  reference  to  one  of  his  letters  on  the 
subject,^  in  which  he  said,  '  the  Spanish  laws  and 
usages  are  in  force.  The  constitution  of  Spain, 
providing  for  the  trial  by  jury  in  criminal  cases, 
was   never  extended  to  the  colonies,  because   the 

*  To  Captain  Bell. 


132  LIFE    OF    JACKSON. 

treaty  ceding  the  Florldas  was  concluded  before 
the  constitution  was  adopted  in  Spain.' 

This  declaration  has  been  regarded  by  many  as 
out  of  the  character  of  a  republican  governor  of  a 
territory,  which  was  intended  for  a  member  of  the 
Union.  The  freeman's  best  right,  the  trial  by 
jury,  was  not  to  be  extended  to  those  wljo  had 
become  American  citizens  :  their  condition  was  to 
be  improved  by  substituting  the  will  of  an  individ- 
ual for  that  inestimable  privilege. 

The  governor  acted  upon  his  impression  :  his 
ordinances  went  to  declare  what  the  laws  of  Spain 
w^ere,  or,  what  is  more  probable,  if  we  consider  the 
extent  of  his  legal  knowledge,  what  they  were  not. 
He  was  also  of  opinion  that  judge  Fromentin  had 
no  power,  at  that  time,  as  appears  from  another  of 
his  letters.  '  The  judge  can  exercise  no  other 
power  (than  to  explain  the  Spanish  laws)  unless 
specially  given  him  by  the  president,  (except  so 
far  as  relates  to  carrying  into  effect  the  acts  ex- 
tended over  the  Floridas.)  Such  instructions 
have  not  been  given,  and  I  doubt  very  much 
whether  the  president  could  give  them.  There  is 
no  doubt  that  the  person  exercising  the  power  of 
governor  of  Florida  can  exercise  all  the  powers 
exercised  under  the  king  of  Spain  at  the  time  the 
country  was  ceded.'  Every  one  knows  that  the 
power  thus  claimed  by  our  hero  was  despotic  and 
unlimited.  It  is  singular  that  this  assumption  of 
regal  sway  has  always  escaped  the  notice  of  those 
who  admire  Mr.  Jackson  for  his  democratic  prin- 
ciples. 

Let  us  see  how  governor  Jackson's  principles 
wrought  in  practice.  By  the  treaty  of  cession  all 
the  public  archives  and  documents  relating  to  the 


LIFE    OF    JACKSON.  133 

*  property  and  sovereignly  of  the  country'  were  to 
be  given  up  with  the  province.  The  governor 
interpreted  this  as  including  papers  relating  to 
private  property  and  demanded  that  four  such 
documents,  in  the  possession  of  the  late  Spanish 
governor  Callava,  should  be  delivered  to  him. 
Callava  refused  to  yield  them,  alleging  that  they 
were  not  such  as  the  treaty  designated.  Instead 
of  serving  a  civil  process,  as,  if  indeed  he  had  a 
right  to  them,  he  should  have  done,  the  governor 
mustered  an  armed  guard,  and  ordered  them  to 
seize  the  papers  and  take  Mr.  Callava  into  custody. 

The  guard  found  the  ex-governor  in  bed,  too 
sick  to  go  with  them,  but  on  hearing  the  officer 
order  his  men  to  prime  and  load,  he  rose.  The 
defenceless  gentleman  was  then  dragged  before 
governor  Jackson. 

He  asked  permission  to  put  his  thoughts  in 
writing,  as  he  was  unable  to  speak  English,  and  it 
was  granted.  After  he  had  written  a  few  lines,  one 
of  governor  Jackson's  assistants  looked  over  the 
paper,  and  observed  that  he  was  writing  a  protest 
against  the  governor's  jurisdiction.  Mr.  Jackson 
ordered  the  paper  to  be  taken  from  colonel  Callava, 
and  after  speaking  with  much  warmth  for  some 
minutes  informed  him  that  he  should  not  be  per- 
mitted to  protest.  By  the  laws  of  the  United 
States  the  prisoner  had  a  right  to  be  heard,  and  by 
refusing  to  listen  to  his  plea  governor  Jackson 
virtually  condemned  him  unheard,  which  is  the 
highest  violation  of  all  the  principles  of  jurispru- 
dence. None  of  our  courts  refuse  to  hear  excep- 
tions to  their  jurisdiction. 

Colonel  Callava  asked  our  hero  (through  the 
medium  of  an  interpreter)  if  he  had  no  compunction, 


134  LIFE    OF   JACKSON. 

and  insisted  on  making  his  protest.  Mr.  Jackson 
answered,  that  'he  might  protest  before  God  him- 
self, if  he  pleased,  but  he  would  account  for  what  he 
did  only  to  his  own  government.'  Colonel  Callava 
was  then  committed  to  prison,  while  the  soldiers 
were  searching  his  house  for  the  desired  papers."^ 
The  friends  of  the  prisoner  applied  to  judge 
Fromentin  for  a  writ  of  habeas  corpus,  which  was 
granted  without  hesitation.  The  governor  paid  no 
attention  to  it,  but  issued  an  order  to  bring  die 
judge  before  him,  to  answer  for  a  contempt  of  his 
authority.  This  led  to  a  violent  controversy  be- 
tween the  judge  and  the  general  touching  their  re- 
spective powers,  and,  as  might  have  been  expected, 
right  was  compelled  to  yield  to  might.f  Governor 
Callava's  right  to  detain  the  papers  before  men- 
tioned became  the  subject  of  several  newspaper 
articles,  written  by  some  of  the  late  Spanish  offi- 
cers ;  men  who  had  families  and  property.  These 
too  the  American  governor  apprehended  for  an 
alleged  contempt.  Their  offence  was,  having 
questioned  the  capacity  of  the  interpreters  who 
assisted  at  Callava's  examination.  To  complete 
his  tyranny  the  governor  issued  a  proclamation 
ordering  them  to  leave  the  province  forthwith. 
Shortly  after  two  of  them  ventured  to  return,  to 
look  after  their  affairs,  and  were  arrested  and 
throvvh  into  prison  by  the  governor's  order.  For- 
tunately for  them,  after  a  misrule  of  seven  months 
governor  Jackson  resigned,  and  the  president  gave 
orders  for  their  discharge  as  soon  as  he  heard  of 
their  arrest.  At  the  same  time  that  these  abomi- 
nations were  being  acted,  the  person  deputed   by 

*  Statements  of  Mr.  Brackenridge  and  Colonel  Callava, 
t  See  the  correspondence. 


LIFE    OF    JACKSON.  135 

our  hero  to  act  for  him  in  East  Florida  treated  the 
ex-governor  of  that  province  precisely  as  governor 
Callava  had  been  treated. 

One  article  of  the  treaty  provided  that  the  in- 
habitants of  Florida  should  be  incorporated  into 
the  Union  as  soon  as  it  should  be  practicable,  and 
that  in  the  mean  while  they  should  enjoy  all  the 
rights  and  privileges  of  citizens  of  the  United  States. 
Notwithstanding  this  stipulation  governor  Jackson 
passed  an  ordinance  allowing  the  inhabitants  of 
Florida  twelve  months  to  abjure  allegiance  to 
foreign  powers,  failing  in  which  they  were  not  to  be 
'  entided  to  any  of  the  rights,  privileges  and  immu- 
nities of  citizens  of  the  United  States,  but  to  be 
considered  as'  foreigners  to  all  intents  and  purposes, 
subject  to  the  laws  of  the  United  States  in  relation 
to  aliens.'  .  Each  individual  was  to  pay  three  fees, 
of  a  dollar  each,  for  the  privilege  of  making  the 
required  declaration.^ 

Now  the  treaty  absolutely  and  unconditionally 
secured  the  rights  of  American  citizensliip  to  every 
inhabitant  of  Florida.  None  could  be  required  to 
make  declaration  or  pay  fines  as  preliminaries. 
The  ordinance  seems  to  us  to  imply  the  power  of 
abrogating  the  treaty  in  making  the  right  of  citizen- 
ship depend  on  the  payment  of  fees,  and  in  dis- 
franchising whoever  should  not  conform  to  its 
requisitions. 

Congress  was  of  our  opinion.  An  act  was  passed 
the  next  year  declaring  the  ordinnnce  null  and 
void,  ordering  the  punishment  of  whoever  should 
attempt  to  enforce  it,  and  directing  the  fees  that 
had  been  paid  to  be  refunded. f 

*  See  the  '  Ordinance.' 

t  An  act  to  relieve  the  people  of  Florida  from  the  opera- 
tions of  certain  ordinances. 


136  LIFE    OF    JACKSON. 

It  is  painful  to  write  the  life  of  one  who  seems 
to  have  done  so  few  good  actions,  but  the  place 
this  bold  man  has  held  and  still  holds  in  the  public 
mind  renders  it  necessary.  It  seems  as  if  Mr. 
Jackson  had  come  into  the  world  for  the  sole 
purpose  of  violating  decency,  humanity,  and  every 
law  of  every  land  through  which  he  was  to  pass. 
We  can  find  few  acts  of  his  life,  of  any  importance, 
that  do  not  disgrace  him.  It  is  melancholy,  but 
so  it  is.  The  facts  we  have  related  are  matters  of 
authentic  record,  and  cannot  be  controverted.  Let 
any  who  doubt  our  candor  read  and  judge  for 
themselves,  without  regard  to  our  comments. 

No  one  can  read  the  history  of  governor  Jack- 
son's reign,  for  a  reign  it  was,  in  Florida,  without 
seeing  the  violence  and  disregard  of  moral  and 
legal  obligations  that  had  become  habitual  to  him. 
No  one  can  help  seeing  many  manifest  violations 
of  the  constitution,  nor  have  his  best  friends  been 
able  to  furnish  any  better  pica  in  his  behalf  than 
that  of  necessity.  Of  the  necessity  for  his  conduct 
let  our  readers  judge  from  the  facts.  He  was 
probably  ashamed  of  it  himself,  for  he  couched  his 
resignation  in  these  terms ;  '  I  am  clothed  witli 
powers  which  no  one,  under  a  republic  ought  to 
possess ;  and  which,  I  trust,  will  never  again  be 
given  to  any  man.' 


CHAPTER  Xn. 

Mi.  Jackso}\  is  nominated  a  candidate  for  the  chief  magistracy'. 
V^iews  of  his  part}'.  Mr.  Adams'.  Mr.  Clay.  Mr.  Crawford.  Mr. 
Calhoun.  Provisions  of  the  constitution.  "Electoral  votes.  Table 
•of  them.  Mr.  Buchanan's  corruption.  Mr.  Eaton's  opinion  of 
JMr.  Jackson.  Intercourse  of  Messrs.  Jackson  and  Buchanan, 
BIr,  Clay's  decision. 

Mr.  JacksoR  now  returned  to  Nashville,  where 
liis  friends  were  busy  prepanng  new  employments 
for.  him.  In  May,  3  822,  the  legislature  of  Ten- 
nessee nominated  him  a  candidate  for  the  highest 
office  in  the  gift  of  the  nation.  In  the  autumn  of 
ihe  same  year  he  was  elected  a  member  of  the 
senate,  where  his  situation  vv'as  peculiarly  delicate. 
At  the  next  session  a  new  tariff  was  enacted.  Mr. 
Jackson's  constituents  were  in  favor  of  it,  but  the 
southern  States,  which  were  his  warmest  sup- 
porters, considered  it  '  a  bill  of  abominations.' 
As  he  had  come  into  Congress  an  avowed  friend 
of  the  tariff  he  was  obliged  to  vote  for  it,  but  to 
avoid  utterly  losing  the  favor  of  his  southern 
friends  he  finally  voted  for  a  reduction  of  the 
duties  on   wool  and  cotton. 

When  the  question,  who  should  succeed  presi- 
dent Monroe  began  to  be  agitated,  party  rage  ran 
high  ;  a  very  strong  excitement  prevailed  through- 
out the  union.  Never  had  such  bitterness  of  feel- 
ing toward  each  other  been  known  among  the 
9 


i'JS  Lli-h    Of    JACilSOIV. 

people  of  the  United  States  before,  and  never  had 
the  press  taken  such  unbridled  license.  The 
old  parties  of  federalists  and  democrats  had  almosi 
ceased  to  exist,  and  in  their  place  five  new  ones 
had  been  formed,  all  agreeing  in  the  same  general 
principles  of  government.  Yet,  though  without 
the  pretence  of  any  great  public  good  in  view,  the 
friends  of  the  several  candidates  displayed  a  zeai 
never  before  seen  in  this  country,  and  which  has 
made  many  judicious  men  fear  for  the  permanence 
of  our  republican  institutions. 

MiUtary  reputation,  always  more  dazzling  than 
any  other,  had  given  Mr.  Jackson  a  greater  popu- 
larity than  any  other  candidate.  His  pretensions 
were,  indeed,  at  first  regarded  with  scorn  by  almost 
all  educated  men,  but  unfortunately  the  educated 
do  not  constitute  the  majority  of  this  or  any  other 
nation.  A  great  many  of  this  class  were  in  time 
attracted  to  his  side  by  a  corrupt  motive.  The 
presses  in  his  favor  gave  out  that  he  would  follovv^ 
what  they  pretended  was  the  example  of  Jefferson>. 
in  punishing  his  friends  and  rewarding  his  enemies. 
In  other  words,  it  was  expected  that  he  would 
remove  from  office  all  who  should  oppose  his 
claims,  and  substitute  those  who  should  most  pro- 
mote his  election  in  their  places.  This  gave  his 
party  an  energy  the  others  wanted,  and  enlisted 
on  his  side  many  who  were  dissatisfied  with  their 
condition  in  life. 

A  doctrine  better  calculated  to  subvert  civil 
liberty  could  not  be  devised.  It  strikes  at  the 
freedom  of  the  elective  franchise,  promises  corrup- 
tion a  reward  and  integrity  a  punishment.  It  per- 
verts the  press  from  its  legitimate  purposes,  as  was 
seen,  for  the  most  shameless  and  reckless  papers- 


LIFE    OF    JACKSON.  139 

that  ever  disgraced  America,  were  established  all 
over  the  country  to  support  Mr.  Jackson.  The 
principal  of  these  was  the  Telegraph,  published  at 
Washington.  Had  the  same  inducements  been 
held  out  by  the  other  candidates  the  evil  might  have 
been  counteracted  in  some  measure,  but  such  was 
not  the  case. 

The  Jackson  newspapers  were  indefatigable  in 
displaying  the  military  services  of  their  candidate. 
The  battle  of  New  Orleans  was  their  principal 
theme.  If  it  was  asked,  '  Is  Mr.  Jackson  a 
scholar  ?'  they  answered,  '  he  won  the  battle  of 
New  Orleans.'  If  it  was  said  that  he  had  never 
been  distinguished  as  a  lawyer,  legislator,  states- 
man or  politician,  they  answered,  *  he  won  the 
battle  of  New  Orleans.'  Against  his  manifold 
violations  of  moral  principle,  humanity,  law  and  the 
constitution,  they  set  the  battle  of  New  Orleans. 
In  short,  his  conduct  on  that  occasion  was  repre- 
sented as  the  ne  plus  ultra  of  human  perfection, 
as  standing  in  the  place  of  every  qualification  and 
as  a  sufficient  atonement  for  every  crime  and 
error  of  which  he  had  been,  or  of  which  human 
nature  might  have  been  capable.  This  logic  was 
not  without  its  effect,  and  that  a  mighty  one. 

The  other  candidates  were  Mr.  John  Quincy 
Adams  for  New  England,  Messrs.  Crawford  and 
Calhoun  in  the  south,  and  Henry  Clay  in  the 
west,  all  of  them  statesmen  of  the  first  order. 
Mr.  Adams  had  all  his  life  been  trained  to  the 
duties  of  the  executive  department.  He  had 
held  the  office  of  secretary  of  state  with  high  rep- 
utation under  president  Monroe ;  he  had  long 
and  successfully  served  his  country  abroad  as  a 
diplomatist ;    his  talents  were  unquestionable,  and 


140  LIFE    OF    JACKSON. 

were  matched  by  his  knowledge.  The  chief  ob- 
jection brought  against  him  was, — that  he  was  the 
son  of  his  father.  His  election  it  was  urged, 
would  savor  too  much  of  hereditary  monarchy. 

We  have  nothing  to  say  in  favor  of  the  western 
candidate,  Mr.  Clay.  His  name  is  too  intimately 
connected  with  his  country's  glory  to  need  eulo- 
giuin  here.  His  friends  were  the  friends  of  the 
system  of  internal  improvement  and  American 
manufactures,  of  which  he  had  ever  been  the  ad- 
vocate. 

Mr,  Crawford  had  been  a  competitor  for  the 
presidency  with  Mr.  IMonroe,  and  stood  almost  as 
high  in  the  public  esteem  as  the  latter  at  the  time 
of  his  election.  He  had  been  ambassador  at  the 
court  of  France,  in  which  situation  he  had  done 
honor  to  himself  and  the  people  he  represented. 
He  had  also  long  superintended  the  treasury  with 
universal  approbation.  We  are  not  aware  that 
any  serious  objections  were  made  against  him 
when  a  candidate,  though  some  have  been  started 
since. 

Mr.  Calhoun  was  first  a  distinguished  member 
of  Congress,  and  afterwards  head  of  the  war  de- 
partment under  Mr.  Monroe.  His  talents  could 
not  fairly  be  questioned,  but  his  polhical  enemies 
alleged  that  his  political  course  had  been  crooked 
and  mysterious.  As  secretary  of  war  he  had  not 
won  much  honor.  Many  opined  that  his  plan  for 
organizing  the  army  was  injudicious.  The  way  in 
which  he  distributed  the  troops  was  absurd  and 
extravagant.  By  sending  them  to  very  remote 
stations,  as  for  example,  St.  Peters  and  Council 
Bluffs,  the  government  incurred  enormous  expense 
while  no  good  was  attained. 


LIFE    OF    JACKSON.  141 

Such  were  Mr.  Jackson's  political  rivals.  Mr. 
Calhoun  did  not  long  stand  in  his  way.  It  soon  be- 
came evident  that  his  chance  was  a  nullity,  and 
not  to  divide  the  southern  interest,  his  friends  gave 
their  suffrages  to  J\Ir.  Jackson,  it  being  understood 
that  in  case  he  should  be  elected  Mr.  Calhoun 
should  be  vice-president. 

The  original  provisions  of  the  constitution  for 
the  election  of  the  executive  officer  were  as  fol- 
lows. Each  State  was  to  choose  electors,  who 
were  to  vote  for  candidates.  The  one  who  had 
the  greatest  number  of  votes  was  to  be  president, 
and  the  other  vice-president.  If  no  one  had  a 
•majority  of  votes,  or  if  the  suffrages  were  equally 
divided  between  the  highest  two,  the  house  of  rep- 
resentatives were  to  decide  the  question,  voting  by 
States.  In  this  case  he  who  had  the  m^ajority  of 
votes  was  to  be  president,  and  he  who  had  the 
next  greatest  number  to  be  vice-president.  This 
system  wrought  very  well  at  the  three  first  elec- 
tions ;  general  Washington  and  president  Adams, 
senioi",  coming  in  with  full  votes.  At  the  fourth 
the  case  was  different ;  the  electors  came  to  no 
decision,  and  the  claims  of  Messrs.  Jefferson  and 
Burr  were  of  course  left  to  the  judgment  of  the 
house  of  representatives.  Here  the  imperfection 
of  the  system  became  manifest.  Thirty-six  ballot- 
ings  took  place  before  Mr.  Jefferson  was  chosen, 
and  this  scene  of  difficulty  and  contention  brought 
about  an  amendment  of  the  constitution. 

The  new  system  required  that  the  electors 
should  designate  the  office  each  candidate  should 
hold.  If  no  one  had  a  majority,  the  house  of  rep- 
resentatives were  to  choose  one  of  the  highest 
three  for  president. 


14J2  LIFE    OF    JACKSON. 

This  plan  also  is  liable  to  objections.  It  tends 
to  take  the  election  out  of  the  hands  of  the  people, 
to  put  it  into  the  hands  of  the  representatives  ;  and 
as  the  representatives  are  to  vote  by  States,  it  gives 
the  people  of  the  least  populous  State  an  equal 
weight  with  those  of  the  most  populous ;  a  thing 
at  variance  with  republican  principles.  Moreover, 
it  opens  the  way  to  bribery  and  corruption,  for  it 
must  be  allowed  that  one  or  two  persons,  repre- 
senting a  State,  are  more  accessible  to  the  hope  of 
reward  than  the  great  mass  of  their  constituents 
can  be.  It  is  easier  to  bribe  an  individual  than  a 
multitude. 

The  constitution  of  the  Union  leaves  to  the  sev- 
eral States  the  mode  in  which  the  electors  shall  be 
chosen.  On  this  occasion  some  of  the  States  voted 
for  electors  by  districts,  in  others  by  general  tick- 
ets, and  in  some  the  choice  was  left  to  the  legisla- 
ture. It  is  not  our  business  to  discuss  the  evils 
and  advantages  of  the  several  modes.  We  shall 
merely  say  that  a  unanimous  choice  was  made  by 
all  the  States  but  Maryland,  Louisiana,  IlHnois,  and 
New- York.  The  choice  in  the  latter  State  was 
vested  in  the  two  houses  of  the  legislature.  The 
choice  of  the  senate  fell  on  electors  favorable  to 
Mr.  Crawford,  who  obtained  five  electoral  votes. 
The  house  of  representatives  chose  twenty-six 
electors  to  vote  for  Mr.  Adams.  JMr.  Clay  had 
also  four  electors,  and  Mr.  Jackson  one. 

Maryland  gave  one  vote  to  Mr.  Crawford,  three 
to  Mr.  Adams,  and  seven  to  Mr.  Jackson.  Illi- 
nois gave  Mr.  Jackson  two  votes,  and  Mr.  Adams 
one.  Ohio,  Kentucky,  and  Missouri  voted  for 
Mr.  Clay.  Maine,  New-Hampshire,  Vermont, 
Connecticut,    Massachusetts,    and    Rhode-Island 


LIFE    OF    JACKSON.  143 

voted  for  Mr.  Adams.  Tennessee,  Indiana,  the 
Carolinas,  Mississippi,  Alabama,  Pennsylvania, 
and  New-Jersey,  entire,  were  for  Mr.  Jackson. 
Not  to  go  deeper  into  these  dry  details,  the  state 
of  the  election  will  be  best  understood  by  refer- 
ence to  the  following  comprehensive  table. 


144  LIFE    OP    3AUKSOS. 


c     - 


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>-JS-<      <^      ^      i>      'j-  -r:  -r  t~  n      cr  '-"      X  c  ' 


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^>  o  t-      ~  -c  e  c'.  r:  t-  c  — 


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•^      B  24  S    .-^  ^  ?  .- 


LIFE    OF    JACKSON.  145 

We  believe  this  table  is  correct.  In  those  States 
where  the  electors  are  chosen  by  the  legislatures, 
the  popular  votes  are  computed  from  an  ascer- 
tained ratio  of  the  actual  votes,  whh  the  number 
of  voters  in  the  other  States,  and  distributed  ac- 
cording to  the  proportion  of  electoral  votes  for 
each  of  the  candidates.  Thus  we  have  attributed 
all  the  popular  votes  of  Vermont,  where  he  had  all 
the  electoral  votes,  to  Mr.  Adams.  In  New- York 
they  are  divided  according  to  the  number  of  elec- 
toral votes  each  candidate  received.  In  like  man- 
ner ]Mr.  Jackson  is  allowed  all  the  votes  of  South 
Carolina,  &:c. 

As  soon  as  the  results  of  the  State  elections  be- 
came known,  it  was  evident  that  the  choice  of  a 
president  must  devolve  on  the  house  of  representa- 
tives, and  it  was  generally  supposed  that  the  mem- 
bers of  Congress  from  such  States  as  had  shown 
any  decided  preference  would  vote  in  conformity 
whh  the  wishes  of  their  consthuents.  It  was  next 
to  certain  that  Mr.  Clay  could  not  be  the  successful 
candidate,  yet  as  he  had  the  entire  votes  of  three 
States,  he  was  able  to  exercise  an  almost  decisive 
influence  on  the  election.  Every  effort  was,  there- 
fore, made  by  tiie  partizans  of  Messrs.  Adams  and 
Jackson  to  induce  the  '  Clay  members'  to  vote  for 
their  respective  favorites. 

In  this  state  of  things,  and  as  soon  as  it  was 
known  which  of  the  candidates  was  returned  to 
the  house,  a  Mr.  Buchanan,  a  member  of  Congress 
from  Pennsylvania,  and  a  warm  friend  to  Mr.  Jack- 
son, conceived  a  plan  to  procure  the  vote  of  Ken- 
tucky, which  he  immediately  endeavored  to  carry 
into  effect.  He  knew  that  Mr.  Clay  was  extremely 
popular  in  Kentucky,  and  that  the  people  of  that 


146  LIFE    OF    JACKSON. 

State  were  very  desirous  that  a  member  of  the 
cabinet,  if  not  a  president,  should  be  chosen  from 
among  them.  He  was  also  aware  that  IMr.  Adams 
was  much  disliked  by  the  members  friendly  to  Mr. 
Jackson,  and  on  these  two  pieces  of  knowledge  he 
founded  his  hopes. 

Confirmed  in  his  design  by  the  counsel  of  a 
friend,  he  called  on  Mr.,  since  secretary  Eaton, 
the  colleague  and  bosom  friend  of  Mr.  Jackson. 
He  told  Mr.  Eaton  it  was  notorious  that  the  friends 
of  Mr.  Adams  were  making  overtures  to  the  mem- 
bers from  Kentucky.  Whether  this  were  true  or 
not  we  cannot  say  ;  but  it  is  certain  that  if  he  had 
said  the  friends  of  Mr.  Jackson  were  about  to  make 
such  overtures,  the  statement  would  have  been 
verity.  At  least  Mr.  Johnson,  one  of  the  Ken- 
tucky members,  has  declared,  (and  his  statement 
has  never  been  contradicted)  that  he  received  the 
most  direct  overtures  from  the  friends  of  Mr.  Jack- 
son, IMr.  Kremer  and  odiers.  Mr.  Buchanan 
ojiined  that  our  hero  ought  '  to  fight  the  partizans 
of  his  rival  with  their  own  weapons,'  inasmuch  as 
he  thought  the  opinion  that  Mr.  Jackson  would 
retain  Mr.  Adams  likely  to  do  the  former  injury. 
To  avoid  this  he  thought  the  general  should  name 
his  intended  secretary  of  state,  and  desired  Mr. 
Eaton  to  mention  the  matter  to  him. 

Mr.  Eaton,  if  his  own  statement  is  to  be  believed, 
entertained  an  opinion  of  his  friend  which  was  be- 
lied by  the  event.  He  thought  he  would  not  so 
far  forget  his  dignity  as  to  answer  any  such  ques- 
tion, and  told  IMr.  Buchanan  so.  The  other 
replied,  that  if  Mr.  Jackson  would  but  say  he  would 
not  appoint  Mr.  Adams, '  that  would  answer.'  Mr. 
Eaton   expressed   his   conviction    that   his    friend 


LIFE    OF    JACKSON.  147 

would  give  no  pledge,  positive  or  negative,  and  de- 
sired Mr.  Buchanan  to  ask  his  questions  himself. 
This  advice  Mr.  Buchanan  concluded  to  follow."^ 

Accordingly  he  called  on  Mr.  Jackson  the  next 
day  and  solicited  a  private  interview.  He  premised 
that  he  had  something  to  say,  as  a  friend,  that  might 
possibly  be  disagreeable,  and  hoped  that  it  would 
not  break  friendship  between  them.  There  was  a 
great  intrigue  in  agitation,  he  said,  and  he  thought 
it  but  right  that  Mr.  Jackson  should  be  informed  of 
it.  Our  hero  replied,  that  from  his  high  standing 
as  a  gentleman  and  member  of  Congress,  as  well  as 
from  his  uninterrupted  friendship  for  himself,  he 
could  not  by  any  means  suppose  Mr.  Buchanan 
would  make  an  improper  communication.  At 
any  rate  he  promised  to  take  no  offence.  Having 
thus  disposed  of  the  preliminaries,  Mr.  Buchanan 
proceeded  to  open  his  political  budget. f  But  as 
the  soldier  and  the  civilian  do  not  agree  in  their 
recollections  of  this  important  conversation,  it  will 
be  but  fair  to  give  both  editions  of  the  story. 

According  to  Mr.  Jackson,  Buchanan  proceed- 
ed to  say  that  he  had  been  informed  by  the  friends 
of  Mr.  Clay,  that  the  friends  of  Mr.  Adams  had 
made  overtures  to  them.  The  nature  of  these 
alleged  overtures  he  stated  to  be  thus  :  they  prom- 
ised that  if  the  '  Clayites'  would  unite  in  promoting 
the  election  of  Mr.  Adams,  Mr.  Clay  should  be 
his  secretary  of  state.  To  persuade  the  '  Clayites' 
they  urged,  that  should  Mr.  Jackson  be  elected, 
Kentucky  would  be  excluded  from  the  cabinet, 
that  candidate  having  determined  to  appoint  Mr. 
Adams.     Now,  if  Mr.  Jackson  would  say,  or  per- 

*  Mr.  Eaton's  statement.        \  See  tlie  letters  of  both  parties- 


148  LIFE    OF    JACKSON. 

rnit  any  of  his  confidential  friends  to  say,  that  he 
would  in  no  case  continue  Mr.  Adams  in  office, 
Mr.  Buchanan  said  the  Jackson  and  Clay  parties 
would  unite  and  put  an  end  to  the  contest  at  once. 
He  thought  it  would  be  right  to  turn  the  weapons 
of  such  intriguers  against  themselves. 

This  ■  hnpertinent,  corrupt  and  scandalous  pro- 
posal did  not  awaken  Mr.  Jackson's  indignation. 
We  trust  the  occasion  justifies  the  severity  of  our 
terms.  A  member  of  Congress  is  certainly  im- 
pertinent when  he  asks  a  question  of  a  candidate 
for  the  presidency  to  answer  which  must  com- 
promise the  dignity  of  the  latter.  A  member  of 
Congress  who  proposes  to  corrupt  the  members  of 
that  body,  certainly  merits  the  language  we  have 
used.  However,  Mr.  Jackson  did  not  hesitate  to 
reply.  He  said  his  only  guide  in  pubhc  or  private 
life  was  principle,  and  that  he  would  never  become 
president  in  opposition  to  the  wishes  of  the-  people. 
He  requested  Mr»  Buchanan  to  inform  Mr.  Clay 
and  his  friends  that  he  would  rather  the  earth 
should  yawn  and  swallow  them  all,  and  himself 
with  them,  than  attain  the  object  of  his  ambition 
by  such  bargain  and  corruption.  If  they  had  not 
confidence  to  believe  that  he  would  call  the  first 
virtue,  talent  and  integrity  to  his  aid,  he  desired 
them  not  to  vote  for  him.  Such  was  his  reply,  as 
stated  by  himself.  '  Fine  words,  brave  words  ; 
very  exceeding  pyet  words ;  yet  in  my  mind  a 
lippy  of  bran  were  worth  a  bushel  of  them.' 

Mr.  Buchanan  states,  to  the  contrary,  that  Mr. 
Jackson  expressed  his  perfect  willingness  to  answer 
the  question.  He  (Mr.  Jackson)  said,  that  he  had 
never  said  or  intimated  that  he  would  or  would 
not  make  Mr.  Adams  one  of  his  cabinet.      The 


LIFE    OF    JACKSON.  149 

rest  of  his  reply  was  a  series  of  heroics,  and  Mr. 
Buchanan  was  authorized  to  repeat  his  sentiments 
as  he  should  think  proper.  It  is  probable  that  Mr. 
Jackson's  manner  was  not  so  ambiguous  as  his 
speech,  for  Mr.  Buchanan  conceived  himself  to 
have  received  such  an  answer  as  he  had  expected. 
He  was  so  well  satisfied  with  what  he  had  elicited 
from  '  the  hero,'  that  he  assured  some  of  the  Ken- 
tucky members  that  Mr.  Jackson  intended  to  offer 
the  department  of  state  to  Mr.  Clay,  if  elected.* 

Our  readers  must  decide  how  far  a  candidate 
for  the  presidency  conforms  to  the  rules  of  propri- 
ety, when  he  authorizes  a  partisan  to  '  operate  on 
the  votes'  of  voters  not  his  friends. 

Notwithstanding  Buchanan's  exertions  the  pa- 
pers announced,  two  days  after  this  conversation, 
that  Mr.  Clay  had  avowed  himself  decidedly  in 
favor  of  Mr.  Adams.  Mr.  Clay's  friends  adopted 
his  views,  and  Mr.  Adams  was,  consequently, 
elected.  In  this  Mr.  Clay  acted  in  opposition  to 
the  legislature  of  Kentucky,  which  had  passed  a 
vote  to  instruct  their  representatives  to  vote  rather 
for  Mr.  Jackson  than  Mr.  Adams.  Supposing  the 
will  of  the  constituents  to  be  binding  on  their  rep- 
resentative to  the  fullest  extent,  still  Mr.  Clay  was 
right.  He  knew  that  that  portion  of  the  population 
of  Kentucky  whose  suffrages  had  given  him  a  seat 
in  Congress  were  opposed  to  Mr.  Jackson.  He 
was  also  convinced  of  Mr.  Jackson's  utter  unfit- 
ness for  the  office. 

The  members  who  voted  with  him  were  no 
doubt  actuated  by  a  desire  that  the  West  should 
ultimately  give  a  president  to  the  United   States. 

*  Amos  Kendal],  who,  when  he  argues  against  his  own 
side,  may,  perhaps,  be  deemed  authority. 
10 


150  LIFE    OF    JACKSON. 

They  thought  it  a  matter  of  course  that  Mr.  Clay 
would  be  appointed  secretary  of  state  by  Mr. 
Adams,  and  considered  that  office  a  stepping  stone 
to  the  presidency.  They  moreover  believed  that 
by  giving  their  weight  to  the  East,  they  should 
secure  its  support  at  the  next  election.  It  does  not 
appear,  however,  that  any  one  of  them  acted  with 
a  view  to  personal  advantage,  or  that  any  pledge 
passed  between  the  parties, 


CHAPTER  XIII. 

Mr.  Clay  is  calumniated.  His  conduct.  '  Honest'  Georg-e  Kreuier. 
iVlessrs.  Jackson,  Beverly,  and  Clay.  Mr.  Jackson's  statement, 
Buchanan's  contradiction.  Remarks  on  the  election.  Mr.  Jackson's 
partisans.     Their  views.    Results  of  Mr.  Adams's  administration. 

After  Mr.  Clay  had  declared  himself,  but  before 
the  electioQ  was  decided,  an  article  appeared  in 
an  obscure  and  scurrilous  Jackson  paper,  charging 
him  and  his  friends  with  having  made  that  corrupt 
bargain  with  Mr.  Adams,  which  Mr.  Buchanan  had 
endeavored  to  effect  in  favor  of  Mr.  Jackson. 
The  paper  was  in  some  degree  under  the  control 
of  major  Eaton.  That  gentleman  supported  it  with 
his  purse,  and,  as  might  be  inferred  from  that 
circumstance,  it  was  little  known  and  less  respected 
by  the  public.  However,  the  slander  thus  pub- 
lished was  echoed  by  almost  every  Jackson  paper 
in  the  Union,  whereby  the  editor  gained,  what 
probably  he  sought,  notoriety.  By  means  of  this 
slander,  believed  by  no  candid  person,  the  Jackson 
presses  contrived  to  throw  much  odium  on  Mr. 
Clay.  The  charge  was  so  often  repeated,  that 
many  who  had  at  first  regarded  it  with  scorn,  be- 
gan to  think  it  worthy  of  some  consideration. 
Unhappily,  from  an  excess  of  sensibility  on  the 
point  of  honor,  Mr.  Clay  brought  it  more  into 
notice  than  before. 


152  LIFE    OF    JACKSON. 

The  article  purported  to  be  the  production  of  a 
member  of  Congress.  Mr.  Clay  inserted  an  answer 
in  the  National  Intelligencer,  declaring  his  belief 
that  it  was  a  forgery.  If  genuine,  he  pronounced 
the  author  '  a  base  and  infamous  calumniator,  a 
dastard,  and  a  liar.'  It  is  to  be  regretted  that  he 
took  such  a  course,  but  in  our  opinion  an  injury 
so  gross  ought  to  go  far  to  extenuate  it. 

The  next  day  a  reply  was  published,  signed 
George  Kremer.  Kremer,  without  distinctly  avow- 
ing himself  the  author,  offered  to  be  responsible 
for  the  truth  of  the  article.  This  man  was  a  mem- 
ber of  the  house  of  representatives  from  Penn- 
sylvania, an  honest,  well-meaning,  thick-skulled 
personage,  the  obtuseness  of  whose  intellects  had 
made  him  the  butt  and  laughing-stock  of  the  house. 
It  is  probable  that  on  this  occasion  he  was  merely 
the  tool  of  some  person  more  capable  of  design. 
A  quarrel  with  such  a  man  was  out  of  the  question. 
Mr.  Clay,  therefore,  moved  in  the  house,  that  a 
committee  should  be  directed  to  investigate  the 
charge,  to  the  end  that  he  might  be  either  vindi- 
cated or  punished.  Kremer  expressed  his  readi- 
ness to  abide  the  result,   but  when  called   by  the 

;  committee  to  furnish  evidence,  denied  their  juris- 
diction, and  declined  to  appear  as  witness  or  prose- 
cutor. He  would  have  made  an  apology  to  Mr. 
Clay  had  he  not  been  restrained  by  Mr.  Ingham.^ 

,^Thc  committee,  of  course,  found  nothing  against 
Mr.  Clay  ;  but  the  slander  did  not  die  here.  It 
has  been  repeated  for  the  last  six  years,  with  addi- 
tions and  variations,  to  the  great  prejudice  of  the 
person  most  concerned.    The  author  of  it  obtained 

*  Frentice's  Life  of  Clay. 


LIFE    OF    JACKSON.  153 

a  temporary  notoriety  by  no  means  enviable,  but 
escaped  punishment,  as  neither  Mr.  Clay  or  any 
of  his  friends  considered  him  a  proper  object  of 
resentment.  Thus  thousands  of  witless  demagogues 
have  been  encouraged  to  defame  the  greatest  and 
best  of  the  nation. 

One  edition  of  this  base  calumny  had  its  source 
in  Mr.  Jackson's  house.  That  gentleman,  it  seems 
from  his  own  account,  firmly  believed  that  in  mak- 
ing the  overture  before  mentioned,  Mr.  Buchanan 
acted  as  the  authorized  agent  of  Mr.  Clay.  He 
never  scrupled  to  communicate  this  belief  to  his 
friends.*  Nearly  two  years  after  the  election  he 
spoke  to  that  effect  to  one  Carter  Beverly,  and 
afterwards  gave  that  person  a  statement  of  his  sen- 
timents in  writing.  Beverly  published  the  letter 
at  Fayetteville  in  North  Carolina,  not,  however, 
before  one  of  Mr.  Clay's  friends  had  obtained  a 
copy  of  it. 

Mr.  Clay  published  a  reply,  rejoicing  that  the 
calumny  first  promulgated  by  George  Kremer  had 
at  last  been  avowed  by  a  responsible  person.  He 
indignantly  denied  Mr.  Jackson's  charge,  or  more 
properly  his  insinuation,  and  called  on  him  for 
proof. 

Mr.  Jackson,  in  reply,  stated  the  conversation  that 
had  passed  between  himself  and  Mr.  Buchanan,  as 
we  have  related  it,  but  admitted  that  he  might  have 
done  Mr.  Clay  injustice  in  attributing  Buchanan's 
conduct  to  his  instigation.  This  elicited  a  publi- 
cation from  Buchanan,  in  which  he  contradicted 
Mr.  Jackson  in  several  material  points,  and  exon- 
erated Mr.  Clay  from  the  imputation  of  having 

*  His  own  statement. 


154  LIFE    OF    JACKSON. 

participated  in  his  own  unworthy  proceedings.* 
So  the  controversy  ended. 

We  should  not  have  entered  into  the  merits  of 
this  controversy  had  not  our  hero  taken  a  part  in  it. 
Such  being  the  case  his  biographer  could  not  well 
give  that  part  in  which  he  was  concerned  without 
detailing  all,  though  the  affair  belongs  as  much  to 
the  history  of  Mr.  Clay  as  to  that  of  Mr.  Jackson. 
We  are  again  obliged  to  speak  of  our  liero  with 
disapprobation.  The  first  reflection  that  occurs 
to  us,  on  a  review  of  the  whole  correspondence,  is, 
that  the  charge  made  by  him  was  eminently  calcu- 
lated to  serve  his  private  ends.  The  only  com- 
petitors he  had  to  fear  at  the  next  election  were 
Messrs.  Adams  and  Clay,  and  his  imputation  im- 
plicated both.  If  he  could  have  established  their 
guilt  and  his  own  purity,  his  claims  would  have 
come  before  the  public  with  irresistible  force. 
This  fact  alone  was  a  powerful  motive,  and  if  it 
exposes  Mr.  Jackson  to  injurious  suspicions,  it  must 
be  remembered  that  his  ground  was  of  his  own 
choosing. 

Again,  Mr.  Jackson  had  received  a  shameful 
communication,  which,  as  he  says,  he  believed 
emanated  from  Mr.  Clay.  Why  did  he  not  satisfy 
himself  whether  such  was  the  fact  or  not  by  a  direct 
question  to  Mr.  Buchanan,  instead  of  presuming 
Mr.  Clay  guilty  ?  Why,  when  Mr.  Clay's  conduct 
had  become  a  subject  of  public  investigation,  did 
he  not  give  his  evidence  in  support  of  Kremer's 
accusation?  His  duty  as  a  senator  certainly  re- 
quired him  to  expose  an  attempt  at  corruption. 
When  Mr.  Clay's  subsequent  appointment  was  be- 


See  the  Correspondence. 


LIFE    OF    JACKSON.  155 

fore  the  senate  for  confimation,  Mr.  Jackson  voted 
against  it,  indeed  ;  but  why,  if  he  knew  any  thing 
that  rendered  his  rival  unworthy  of  the  pubhc  trust, 
did  he  not  proclaim  it  then  ?  If  he  believed  Mr. 
Ciay  guilty,  the  information  he  might  have  given 
would  have  insured  his  rejection  ;  if  susceptible  of 
proof,  and  it  was  part  of  a  senator's  duty  to  give 
it.  Why  did  he,  as  he  did,  declare  that  he  made 
no  exception  to  the  election,  if  he  beheved  it  to 
Jiave  been  brought  about  by  bribery.^'  Why  did 
he  leave  matters  so  interesting  and  important  to  the 
public  in  obscurity  for  two  years  ?  We  are  com- 
pelled to  believe  that  he  never  did  consider  Mr. 
Clay  guilty,  and  that  he  made  his  final  disclosure 
for  electioneering  purposes. 

To  ret''-n  to  the  regular  course  of  events — the 
result  of  the  election  gave  huge  offence  to  the 
Jackson  party  all  over  the  United  States.  The 
opposition  papers,  at  least  most  of  them,  became 
channels  of  the  most  virulent  abuse  of  every  dis- 
tinguished personage  who  had  favored  the  election 
of  Mr.  Adams,  and,  we  are  sorry  to  say,  many  of 
the  administration  prints  were  not  behind  them  in 
scurrility.  Besides  the  senseless  clamor  touching 
the  alleged  bargain  and  corruption,  exceptions  were 
taken  to  the  mode  of  election  prescribC'd  by  the 
constitution.  It  could  not  be  denied  that  Mr. 
Adams  had  been  legally  chosen,  and  for  want  of  a 
.better  argument,  the  displeasure  of  the  editors  of 
the  opposition  party  was  vented  on  the  laws.  It 
was  argued  that  the  subsisting  provisions  were  not 
founded  on  democratic  principles ;  that  they  took 
the  choice  from  the  people,  and  gave  it  to  an  aris- 

"  Bee  his  letter  decJining  a  public  dinner. 


156  LIFE    OF    JACKSON. 

t®craticJ3ody.  It  was  contended  that  the  represen- 
tatives of  those  States  where  Mr.  Jackson  obtained 
a  plurahty  of  votes,  were  bound,  in  deference  to 
the  wishes  of  their  constituents,  and  the  spirit, 
though  not  the  letter  of  the  constitution,  to  vote  for 
him.  This  principle,  we  believe,  cannot  be  sus- 
tained. In  no  case  had  the  people  of  the  several 
States  any  other  agency  in  the  election  than  in 
giving  their  votes  for  electors  and  members  of 
Congress.  They  could  have  no  other.  The  repre- 
sentatives were  as  likely  to  express  the  public  sen- 
timent as  the  electors,  and  in  either  case  the  people 
were  obliged  to  confide  in  the  judgment  of  those 
to  whom  they  delegated  their  power.  Beside,  the 
freemen  in  some  States  have  little  agency  in  the 
choice  of  electors.  They  were,  in  some  instances, 
chosen  by  the  legislatures,  which  renders  it  still 
more  doubtful  whether  they  expressed  the  will  of 
those  for  whom  they  acted.  It  is  almost  certain, 
therefore,  that  the  members  of  Congress,  chosen 
immediately  by  the  people,  were  as  likely  to  promote 
the  purposes  of  their  constituents  as  the  electors, 
who  were  otherwise  chosen.  That  Mr.  Adams  was 
constitutionally  elected  does  not  admit  of  a  doubts 
We  consider  it  equally  certain  that  he  had  more 
popular  votes  than  either  of  his  competitors.  By 
a  reference  to  the  table,  it  will  be  seen  that  though 
Mr.  Jackson  had  fifteen  more  electoral  votes  than 
Mr.  Adams,  the  latter  had  a  plurality  of  twenty- 
two  thousand  three  hundred  and  seventy-nine  popu- 
lar votes,  allowing  our  calculations  to  be  just.  Had 
the  electoral  votes  expressed  the  opinion  of  the 
people,  truly  Mr.  Adams  would  have  had  the  ma- 
jority of  them.  It  was  made  a  matter  of  complaint 
that  Maryland  and  Illinois  voted  for  Mr.  Adams 


LIFE    OF    JACKSON.  157 

through  their  representatives,  though  their  electors 
would  have  voted  for  Mr.  Jackson.  Let  us  inquire 
whether  this  was  in  accordance  with  the  will  of  the 
people  or  not.  By  the  table  it  appears,  that,  in 
Maryland,  Mr.  Adams  had  a  majority  of  over  a 
hundred  popular  votes.  On  pure  democratic  prin- 
ciples, that  is,  if  the  electors  had  been  chosen  by 
the  popular  voice,  Mr.  Adams  would  have  had  the 
aggregate,  but  by  the  division  into  districts  it  hap- 
pened that  with  a  minority  of  popular  votes  Mr. 
Jackson  had  a  large  majority  of  the  electoral.  The 
case  was  similar  in  Illinois.  If  we  take  the  electoral 
votes  of  those  two  States  from  Mr.  Jackson,  and 
give  them  to  Mr.  Adams,  the  result  would  be  a 
plurality  of  the  electoral  votes  for  the  latter. 

One  more  fact  decides  the  question  beyond 
controversy.  In  those  States  where  Mr.  Jackson 
obtained  his  great  majorities,  the  slaves  are  repre- 
sented in  the  ratio  of  five  to  three  free  men,  and 
electors  were  chosen  accordingly.  Five  slaves, 
therefore,  had  as  much  influence,  which  their  mas- 
ters exerted,  as  three  freemen  in  the  northern  States. 
Take  this  fact  into  consideration,  and  it  is  perfectly 
plain  that  Mr.  Adams  had  a  very  large  plurality  of 
the  free  votes  of  the  United  States.  Thus  it  seems 
that  if  the  voice  of  the  majority  is  to  predominate, 
Mr.  Adams  was  the  choice  of  the  people. 

We  are  compelled  to  say,  that  during  the  four 
years  of  Mr.  J.  Q.  Adams's  administration,  the 
Jackson  party,  so  called,  was  better  organized,  and 
displayed  more  energy,  than  their  "opponents.  In- 
terest spurred  the  most  violent  of  them  on.  It 
was  distinctly  understood  that  the  public  officers 
friendly  to  Mr.  Adams  were  to  be  removed  from 
office,  and  that  the  most  efficient  partisans  on  the 


15S  LIFE    OF    JACKSOxV. 

Other  side  were  to  take  their  places.  As  before, 
the  legislature  of  Tennessee  took  the  lead.  Both 
houses  recommended  our  hero  for  the  presidency, 
and  passed  resolutions,  in  which  his  qualifications 
were  ridiculously  set  forth.  Did  we  not  know  that 
Tennessee  was  in  earnest,  we  should  take  these 
documents  for  satires  on  her  idol.  He  replied,  by 
resigning  his  seat  in  the  senate,  alleging  as  a  reason, 
that  '  Congress  would  thereby  be  free  in  a  con- 
siderable degree  from  that  connexion  with  the  ex- 
ecutive, which  at  present  gives  strong  ground  for 
apprehension  and  jealousy  on  the  part  of  the 
people.  That,  if  this  change  in  the  constitution 
should  not  be  obtained,  and  important  appointments 
continue  to  devolve  on  the  representatives  in  Con- 
gress, corruption  would  become  the  order  of  the 
day,  and  through  this  channel  the  people  might 
expect  to  be  attacked  in  their  constitutional  sov- 
rcignty,  and  tyranny  might  well  be  apprehended  to 
spring  up  on  some  favorable  emergency.  It  was 
due  to  himself  to  practise  what  he  recommended 
to  others.'  The  important  principle  thus  declared 
was  received  with  applause,  and  contributed  much 
to  his  eventual  success.  Pity  it  has  not  been  better 
observed  ! 

Mr.  Jackson's  party  rapidly  gained  ground,  yet 
it  was  remarkable  how  few  distinguished  men  joined 
it.  The  partisans  of  Mr.  Jackson  might  be  com- 
pared to  the  adherents  of  David  in  the  cave  Ab- 
dullam. 

*  Every  one  that  was  in  distress,  and  every  one 
that  was  in  debt,  and  every  one  that  was  discon- 
tented, gathered  themselves  unto  him,  and  he  be- 
came a  captain  over  them.' 

Bargain  and  corruption  had  been  the  burthen  of 
the  popular  song  before  ;  now,  they  were  seen  in 


LIFE    OF    JACKSON.  159 

serious  earnest.  If  there  was  no  definite  under- 
standing touching  the  price  of  votes,  it  is  certain 
it  was  implied,  and  acted  upon,  and  the  laborers 
have  since  received  their  hire.  All  who  were  dis- 
satisfied with  Mr.  Adams,  or  had  been  disappointed 
in  their  hopes  of  office,  ranged  themselves  under 
the  standard  of  Mr.  Jackson.  Hundreds  of  editors 
of  newspapers  were  bribed  to  advocate  his  cause 
by  the  prospect  of  obtaining  important  appoint- 
ments and  the  public  printing.  Every  method 
was  essayed  to  render  the  administration  unpopu- 
lar. Its  every  measure  was  rigidly  scrutinized, 
and  criticised  with  unsparing  rigor.  It  was  charged 
with  extravagance,  and  reproached  with  not  hav- 
ing obtained  a  participation  in  the  British  West 
India  trade. 

The  private  characters  of  the  two  competitors 
were  also  made  topics  of  discussion,  but  in  this 
our  hero  was  the  sufferer.  Every  event  of  his  life 
was  brought  to  light  and  examined  by  the  friends 
of  the  administration,  but  the  fame  of  the  battle  of 
New  Orleans  carried  him  triumphantly  through  the 
ordeal.  His  attempt  to  murder  Benton,  (now  be- 
come his  friend  and  partisan  !)  the  circumstances 
of  his  matrimonial  connexion,  his  lawless  behavior 
at  New  Orleans  and  in  Florida,  and  the  illegal  and 
needless  slaughter  of  the  six  militia  men,  were 
all  brought  forth  and  examined.  None  of  these 
deeds  made  so  great  an  impression  on  the  pub- 
lic mind  as  the  last,  and  this  he  attempted  to 
deny,  and  to  throw  the  blame  on  general  Winches- 
ter.* All  these  things  availed  little  against  him. 
The  public  mind  was  in  a  ferment ;  a  mania  pre- 

*  See  his  statement.  "^ 


IGO  LIFE    OF    JACKSON. 

vailed ;  every  thing  was  excused  by — the  battle  of 
New  Orleans. 

We  will  not  dwell  on  the  infatuation  of  the  peo- 
ple, the  imbecility  of  their  favorite,  or  the  utter  reck- 
lessness of  his  partisans.  Suffice  it  that  he  obtained 
a  triumphant  majority  of  the  electoral  votes.  The 
administration  had  now  nothing  to  do  but  to  square 
accounts,  which  showed  that  the  business  of  the 
nation  had  been  conducted  in  the  best  possible 
manner.  The  increase  of  the^revenue  during  the 
four  preceding  years,  amounted  to  eighteen  mil- 
lions ;  the  tariff  had  increased  the  receipts  greatly  ; 
the  consumption  of  foreign  merchandize  had  in- 
creased eighteen  per  cent. ;  thirty  millions  of  the 
national  debt  had  been  paid,  as  well  as  the  accruing 
interest ;  fourteen  millions  had  been  applied  to  the 
national  defence  and  to  permanent  improvements. 
Likewise,  we  were  in  every  way  prosperous  at 
home  and  respected  abroad,  and  the  army  and 
navy  were  in  a  flourishing  condition.  At  the  same 
time,  it  must  be  admitted  that  the  principal  source 
of  this  prosperity  was  in  the  necessary  order  of 
things.  The  administration  had  been  useful  to  the 
country,  but  had  effected  nothing  brilliant  or  extra- 
ordinary. Each  of  its  members  had  fulfilled,  but 
not  exceeded  public  expectation. 

During  this  administration,  few  persons  had  been 
removed  from  office  ;  not  one  we  believe  for  official 
misconduct,  or  for  party  purposes.  Nor  had  any 
appointment  been  made  to  subserve  the  personal 
views  of  any  member  of  the  cabinet.  Also  this 
administration  had  been  decidedly  favorable  to  a 
system  of  internal  improvement. 


CHAPTER  XIV. 

Mrs.  Jackson"'s  death.  Inaus^ural  speech.  Tlireat  of  reform.  Mr. 
Van  Buren.  Mr.  Ingham.  Mr.  Branch.  Mr.  Eaton.  Mr.  Ber- 
rien. President  Jackson's  consistency.  Operation  of  reform. 
Foreign  ministers  recalled.  Removal  of  Mr.  McLane.  Mr.  Barry. 
Observations.     Mr.  Jefferson's  principle.     Rotation  in  office. 

Mrs.  Jackson  died  a  few  days  before  it  became 
necessary  for  her  husband  to  repair  to  Washington 
to  assume  the  duties  of  his  station.  This  visita- 
tion is  said  to  have  borne  very  heavily  on  him,  and 
to  have  affected  his  health  and  spirits. 

We  proceed  with  pain,  for  the  subject  is  fraught 
with  mortification  to  every  true  American,  io  presi- 
dent Jackson's  career,  premising  that  we  tread  in 
the  footsteps  of  that  excellent  writer  and  im- 
partial historian,  Samuel  Perkins,  Esq.  who  has 
treated  the  subject  with  much  more  ability  than  we 
can  pretend  to  do. 

President  Jackson's  inaugural  address  was  only 
remarkable  for  a  threat,  couched  in  the  following 
words,  which  at  the  same  time  cast  an  unnecessary 
and  ungenerous  imputation  on  the  administration  of 
Mr.  Adams.  '  The  recent  demonstrations  of  pub- 
lic opinion  inscribe  on  the  list  of  executive  duties, 
in  characters  too  legible  to  be  overlooked,  the  task 
of  REFORM,  which  will  require  particularly  the  cor- 
rection of  abuses  that  have  brought  the  patronage 
of  the  federal  government  into  contact  with  the 
freedom  of  elections,  and  the  counteraction  of  those 


162  LIFE    OF    JACKSON. 

causes  which  have  disturbed  the  rightful  course  of 
appointment,  and  have  placed  or  continued  power 
in  unfaithful  or  incompetent  hands.' 

If  this  paragraph  w^as  intended  to  convey  the 
idea  that  Mr.  Adams  had  employed  the  patronage 
of  the  government  improperly,  nothing  could  be 
more  false.  He  made  few  appointments  and  fewer 
removals.  Most  of  the  officers  who  served  under 
his  administration  had  been  appointed  long  before 
hp  came  into  office.  Almost  all  had  claims  to  a 
continuance  of  employment  on  the  score  of  long 
and  faithful  service. 

The  threat  was  variously  construed.  Few  of 
the  Adams  part}^  believed  the  impudent  declara- 
tions that  had  been  made  by  the  prominent  Jack- 
son editors  concerning  rewards  and  punishments, 
as  the  words  have  since  been  understood.  It  was 
rather  believed  that  an  investigation  of  the  conduct 
of  incumbents  would  take  place,  and  that  such 
only  would  be  discharged  as  should  be  proved  dis- 
lionest  or  incompetent.  Such  a  proceeding  would 
have  had  the  approbation  of  the  people  at  large, 
liowever  little  it  might  have  pleased  the  holders 
and  expectants  of  offices.  All  concerned  were 
soon  to  be  enlightened,  and  to  learn  that  the  word 
refoi'm^  as  understood  by  Mr.  Jackson,  meant  cor- 
ruption, as  gross  as  that  of  which  he  had  accused 
Mr.  Clay. 

President  Jackson's  first  great  measure  was  to 
organize  his  cabinet.  We  will  not  do  the  vice- 
})resident,  Mr.  Calhoun,  the  injustice  to  believe 
that  his  advice  was  regarded  in  the  selection  ;  what- 
ever the  different  opinions  of  parties  may  be  touch- 
ing his  political  intcgrify,  no  one  ever  suspected 
him  of  imbecility. 


LIFE    OF    JACKSON.  ]63 

Mr.  Martin  Van  Buren  was,  as  all  the  world 
knows,  appointed  secretary  of  state.  Any  account 
of  him,  or  indeed  of  any  of  his  coadjutors,  will  be 
needless  in  the  United  States,  but  as  it  is  possible 
one  or  two  copies  of  this  work  may  find  their  way 
to  other  lands,  we  should  not  like  to  have  it  imper- 
fect. He  had  long  served  the  public  in  various 
capacities,  and  had  the  reputation  of  much  ability, 
especially  for  intrigue. 

Mr.  Ingham,  the  new  secretary  of  the  treasury, 
was  known  to  the  world  only  as  a  very  violent  par- 
tisan in  Mr.  Jackson's  cause.  If  he  ever  distin- 
guished himself  in  any  other  way,  it  has  not  yet 
come  to  our  knowledge.  He  had  conducted,  or 
at  least  controlled  a  newspaper  in  Pennsylvania, 
and  had  defended  Mrs.  Jackson  against  the  impu- 
tations of  her  husband's  enemies  as  well  as  could 
have  been  expected,  or  as  the  case  permitted. 
Gratitude  for  this  service  and  a  desire  to  conciliate 
Pennsylvania  induced  the  president  to  confer  on 
him  the  appointment  above  mentioned.  He  was 
not  the  worst  of  Mr.  Jackson's  advisers. 

Mr.  John  Branch  was  appointed  secretary  of  the 
navy.  He  had  been  governor  of  North  Carolina, 
and  had  represented  that  State  in  the  senate.  We 
are  wholly  unable  to  say  anything  of  this  gende- 
man's  previous  career,  private  or  public.  We  be- 
lieve his  existence  was  not  known  to  one  in  ten 
thousand  of  his  fellow-citizens  dwelling  north  of 
the  Potomac.  Nor  has  his  ministerial  course 
thrown  any  additional  light  on  his  character.  He 
did  nothing  of  consequence,  unless  his  acceptance 
and  resignation  may  be  deemed  such,  but  is  said  by 
his  friends  to  have  been  much  given  to  '  thinking.' 

The  secretary  of  war,  John  H.  Eaton,  is  chiefly 


164  LIFE    OF    JACKSON. 

remarkable  for  his  want  of  education,  and  obtuse- 
ncss  of  intellect.  It  is  true,  he  had  been  a  senator 
from  Tennessee,  but  as  Mr.  Jackson  himself  en- 
joyed the  confidence  of  that  State,  the  fact  cannot 
be  considered  a  proof  of  ability.  He  is  commonly 
called  major  Eaton,  from  having  held  a  commis- 
sion in  the  Tennessee  militia  or  volunteers  under 
general  Jackson,  during  either  the  Creek  or  the 
Seminole  war,  perhaps  in  both.  He  was  the  bo- 
som friend  of  Mr.  Jackson  and  his  biographer, 
having  written  a  life  of  that  worthy,  in  which  it  is 
hard  to  say  which  is  most  disgraced,  the  hero  or 
the  historian.  The  book  contains  scarcely  a  pe- 
riod of  good  Enghsh,  but  makes  amends  by  abun- 
dance of  fulsome  adulation,  by  the  omission  of 
many  disgraceful  acts  and  the  palliation  of  others. 
Those  who  have  read  his  official  letters  and  re- 
ports will  readily  grant  that  we  do  this  man  no 
injustice.  Such  had  his  services  been,  and  Mr. 
Jackson  thought  himself  highly  indebted  to  him ; 
being  resolved,  as  he  afterwards  said,  to  have  at 
least  one  person  in  his  cabinet  in  whom  he  could 
implicitly  confide.  He,  moreover,  it  is  said,  thought 
Mr.  Eaton  one  of  the  best  and  most  powerful  wri- 
ters in  the  country.  This  man  retained  his  office 
about  two  years,  to  his  own  injury  and  the  great 
shame  and  scandal  of  the  American  people. 

Mr.  Berrien,  of  Georgia,  the  attorney-general, 
was  a  diorough  lawyer,  a  distinguished  orator  in 
Congress  and  a  gentleman.  Of  him  we  must  say, 
that  the  acceptance  of  a  seat  at  such  a  board  was 
the  greatest  error  of  his  life. 

Here  was  consistency  :  Mr.  Jackson  had  de- 
clared his  disapprobation  of  the  practice  of  confer- 
ring appointments  on  members  of  Congress  to  the 


LIFE    OF    JACKSON.  165 

Tennessee  legislature,  alleging  that  it  had  a  ten- 
dency to  corruption.  His  first  important  official 
act  was  the  appointment  of  five  senators. 

The  meaning  of  the  word  '  reform,'  as  under- 
stood by  president  Jackson,  was  now  made  known. 
It  has  been  the  uniform  practice  of  our  several 
chief  magistrates  to  fill  the  cabinet  with  officers 
whose  views  and  principles  agreed  with  their  own, 
and  so  much  was  expected  of  Mr.  Jackson.  Even 
the  appointment  of  demagogues  and  others  equally 
disqualified  did  not  excite  astonishment  or  much 
displeasure.  Yet  the  people  were  not  prepared  for 
what  followed. 

It  immediately  became  evident  that  the  person 
universally  despised  by  the  name  of  DufF  Green 
had  not  spoken  without  authority  in  promising  that 
president  Jackson  should  reward  his  friends  and 
punish  his  enemies.  He  was  himself  gratified  with 
the  public  printing.  Herds  of  hungry  applicants 
for  office  thronged  the  doors  of  the  executive  and 
the  members  of  his  cabinet,  urging  their  poverty 
and  their  services.  Never  were  such  hordes  of 
beggars  seen  before ;  it  seemed  as  if  the  indepen- 
dent spirit  of  America  was  lost  forever.  A  ten 
years'  civil  war  could  not  have  brought  about 
such  demoralization  as  did  the  election  of  Mr. 
Jackson.  Verily  the  panders  to  the  ambition  of 
those  at  the  head  of  affairs  had  their  reward; 
some  of  them  at  least.  T  Whenever  it  could  be 
proved  that  an  officer  of  fhe  government  had  op- 
posed the  election  of  Mr.  Jackson,  or  given  his 
simple  vote  against  him,  that  officer  was  thrust  out 
of  office,  in  indecent  haste,  and  a  creature  of  the 
president  or  one  of  his  secretaries  substituted  in  his 
})lace.     No  regard  was  paid  to  long  service,  unde- 


166  LIFE    OF    JACKSON. 

niable  ability  and  unblemished  integrity.  On  the 
other  hand  no  particular  merit  was  required  in  an 
applicant ;  if  he  had  thrown  up  his  cap  and  cried 
*  hurrah  for  Jackson,'  it  was  sufficient.  In  several 
instances  persons  of  infamous  character  were  ap- 
pointed, and  it  cannot  be  denied  that  some  of 
them  are  now  inmates  of  State  prisons.  Before, 
holding  an  office  under  the  general  government  im- 
plied the  possession  of  talents  and  virtue  ;  now,  an 
official  station  designated  its  occupant  as  one  able 
to  live  only  by  the  prostitution  of  hfs  political  in- 
fluence. 

The  evil  became  worse  and  worse ;  Mr.  Jack- 
son showed  himself  resolved  to  force  his  satellites 
into  office  contrary  to  the  expressed  will  of  the 
senate.  A  man  convicted  of  an  assault  with  intent 
to  murder,  and  one  or  two  more,  were  nominated 
and  rejected  by  the  senate.  Nevertheless,  Mr. 
Jackson  continued  them  in  office,  and  renominated 
them. 

Our  ministers  abroad  were  recalled  and  others 
sent  in  their  places,  to  the  manifest  prejudice  of  the 
public  interest.  General  Harrison,  minister  to  Co- 
lombia, was  recalled  almost  as  soon  as  he  reached 
the  place  of  his  destination,  and  another  not  so  well 
or  so  honorably  known  to  the  public  took  his  place. 
Within  the  year  the  ministers  to  France,  Spain  and 
Great  Britain  and  other  powers  were  replaced,  in 
almost  every  instance,  by  members  of  Congress ; 
another  striking  proof  of  Mr.  Jackson's  consistency. 
In  no  case  was  any  reason  for  the  choice  known, 
but  that  the  individual  favored  had  been  friendly  to 
the  president's  election.  The  evils  attending  this 
unprincipled  perversion  of  the  power  of  appoint- 
ment are  more  glaring  than  in  any  other  case.     A 


LIFE    OF    JACKSON.  167 

resident  minister  niust  necessarily  have  some  expe- 
rience in  diplomacy,  and  of  the  court  near  which 
he  resides.  The  new  comer  cannot  he  possessed 
of  that  advantage.  This  reason  alone  should  forbid 
frequent  changes.  The  delay  in  any  business  in 
hand  must  be  great  whenever  a  change  takes  place, 
for  some  time  must  elapse  before  an  inexperienced 
person  can  learn  his  business.  Such  caprice  also 
occasions  a  great  waste  of  public  money.  Accord- 
ing to  the  usage  of  our  country  the  new  minister 
receives  an  outfit  of  nine  thousand  dollars  on  his 
appointment,  and  is  sent  forth  in  a  ship  of  war. 
The  two  ministers,  for  a  while,  receive  their  salary 
at  the  same  time.  Each  removal,  taking  all  these 
circumstances  into  view,  costs  a  very  large  sum. 
Thus  the  caprice  of  president  Jackson,  to  give  his 
conduct  no  worse  name,  cost  the  United  States 
dear,  we  cannot  say  how  much. 

The  most  important  change  of  all  w^as  consid- 
ered the  most  exceptionable.  We  speak  of  the 
removal  of  Mr.  Mc  Lean,  the  postmaster-general. 
This  worthy  officer  was  universally  regarded  as  a 
man  of  uncommon  abilities  and  unblemished  char- 
acter. He  had  been  at  the  head  of  the  post  office 
department  five  years,  during  which  he  had  estab- 
lished a  reputation  that  no  loss  of  executive  favor 
can  affect.  He  had  retrieved  the  affairs  of  his  de- 
partment from  the  confusion  in  which  he  found 
them,  and  made  the  item  of  postage  a  branch  of  the 
revenue.  During  the  election  he  had  been  sup- 
posed to  favor  the  views  of  Mr.  Jackson  ;  but  when 
he  saw  the  course  the  latter  was  pursuing  with  re- 
gard to  the  distribution  of  executive  patronage,  had 
intimated  that  he  would  suffer  no  removals  in  his 
department  unless  for  official  misconduct.     This 


168  LIFE    OP   JACKSON. 

manly  and  independent  course  did  not  accord  vvltli 
the  policy  of  the  administration,  and  he  was  ap- 
pointed to  fill  a  vacancy  in  the  supreme  court.  A 
Mr.  Barry  stepped  into  his  place,  a  person  abso- 
lutely obscure,  had  not  his  subsequent  mismanage- 
ment made  him  known.  He  followed  the  course 
prescribed  to  him  with  great  zeal,  making  upwards 
of  five  hundred  changes  in  his  first  year.  Great 
confusion  ensued  in  consequence  ;  the  removal  of 
so  many  able  and  experienced  officers  could  not 
but  cause  disorder.  Mr.  Barry  seems  to  have  in- 
curred general  contempt,  insomuch  that  he  has 
been  the  butt  of  practical  wit  ever  since  his  ap- 
pointment. In  no  department  of  public  affairs 
have  the  evils  of  '  reform '  been  so  sensibly  felt 
as  in  this.  Complaints  of  the  irregularity  of  posts 
have  multiplied,  a  great  many  postmasters  have 
been  convicted  of  pilfering  from  the  mails,  and,  in 
short,  the  post  office  department  is  now,  and  has 
long  been  unable  to  defray  its  own  expenses. 

To  crown  all,  Mr.  Barry's  official   conduct  has 
been  the  subject  of  legislative  investigation. 

The  senate  acted  on  the  appointments  submitted 
to  them  as  president  Jackson  wished,  in   most  in- 
stances.    Their  extra  session  closed  on  the  18th 
of  March.     Such  a  session  has  been  deemed  ex- 
pedient to   prevent  the  necessity  of  executive  ap- 
pointments during  the  recess,  though  the  constitu- 
tion authorizes  the  president  to  fill  such  vacancies 
as  may  arise  while  the  senate  is  not  in  session  pro 
tempore.     The  appointments  he  may  make  in  the 
interim  are   subject  to  be  revoked  by  the  senate. 
.    It  cannot  be  said  that  he  has  not  the  constitutional 
i    power  to  create   and   fill  vacancies ;  but  in  giving 
I    him  diis  power  it  is  evident  that  the  framers  of  the 


LIFE    OF   JACKSON.  169 

constitution  did  not  contemplate  the  possibility  of  \ 
such  a  perversion  as  president  Jackson  carried  into 
effect.  It  would  be  an  insult  to  the  memory  of 
those  patriots  to  suppose  they  intended  to  authorize 
the  executive  to  make  vacancies  merely  for  the 
purpose  of  punishing  his  opponents  or  feeding  his 
friends.  The  operation  of  '  reform,'  we  thence 
conclude,  was  a  violation  of  the  spirit  though  not  of 
the  letter  of  the  constitution.  For  ninety-nine  out 
of  a  hundred  of  the  changes  made,  no  reasons  could 
be  found  but  such  as  we  have  supposed  to  have 
actuated  Mr.  Jackson  and  his  satellites.  The  ad- 
ministration papers  openly  avowed  the  principle, 
and  so  in  one  instance  did  he.  He  said  without 
reserve,  that  there  was  an  offence  he  would  never 
pardon,  and  that  those  who  had  passed  that  Rubi- 
con must  expect  no  quarter.  He  meant,  he  said, 
that  he  would  exercise  his  power  to  the  injury  or 
exclusion  from  office  of  every  individual  who  had 
spoken  or  written  disrespectfully  of  Mrs.  Jackson. 
It  must  be  granted  that  any  honorable  person  must 
have  been  sensitive  on  such  a  point;  nevertheless, 
no  man  should  carry  his  private  resentments  into 
the  executive  chair.  The  only  questions  he  should 
ask  respecting  an  applicant  for  office  should  be,  ) 
*  Is  he  honest  ?  Is  he  capable  ?  Is  he  faithful  to  (not  I 
the  man,  but)  the  constitution  ?' 

Several  reasons  were  urged  by  the  ultra  demo- 
crats, or  'w^hole  hog'  Jackson  men,  as  they  were 
designated,  in  support  of  the  proscriptive  system. 
They  assumed  that  it  was  based  on  the  principles 
of  president  Jefferson. .  To  win  the  ignorant, 
they  called  it  economy,  retrenchment  and  reform. 
They  argued  that  justice  dictated  a  rotation  in 
office,  in  order  that  the  emoluments  of  public  pat- 


170  LIFE    OF    JACKSON 


niu 


iglit  be  equally  distributed  amoag  the 
people.     A  few  words  on  each  of  these  heads. 

Till  ]\Ir.  Jefferson  was  elected  president  of  the 
United  States  the  country  had  been  divided  be- 
tween two  parties,  the  democratic  and  the  federal, 
the  latter  of  which  held  all  the  offices  of  trust  and 
authority.  When  Mr.  Jefferson  seated  himself  in 
the  executive  chair  the  democrats  had  become  the 
majority  of  the  people.  Mr.  Jefferson  avowed  his 
determination  to  create  an  equilibrium  of  power 
between  the  parties,  and  to  that  end  removed  fed- 
eralists from  office  to  make  room  for  democrats. 
Mr.  Jackson  had  no  such  motive.  At  the  time  of 
his  election  the  old  parties  were  exdnct  or  nearly 
so.  Their  very  names  were  out  of  date.  He  pro- 
fessed nearly  the  same  political  principles  as  Mr. 
Adams,  though  he  has  since  wofully  departed  from 
them.  Mr.  Jefferson's  motive,  therefore,  was  po- 
litical ;  jVlr.  Jackson's  personal.  ,  Besides,  Mr. 
Jackson  made  more  changes  than  all  his  predeces- 
sors collectively,  and  all  for  reasons  not  connected 
with  the  public  interest.  It  will  not  be  pretended 
that  he  knew  so  much  as  the  very  names  of  nine- 
teen out  of  twenty  of  his  proteges. 

With  regard  to  reform,  as  the  word  ought  to  be 
understood,  it  is  clear  that  there  was  none.  All 
of  the  Jackson  party  wdio  applied  for  offices,  and 
that  description  applies  to  a  very  large  proportion 
of  them,  were  indefatigable  in  the  search  for  abuses 
and  malversations.  They  had  every  motive,  good 
and  bad,  to  stimulate  them.  If  any  one  of  them 
could  discover  any  great  abuse  of  official  trust,  he 
gained  the  thanks  of  the  public  and  the  place  of 
the  delinquent.  He  was  sure  that  his  allegations 
would  be  well   received  at  Washington.     Never- 


LIFE    OF    JACKSON.  171 

iheless  the  most  rigid  scrutiny  was  able  to  detect 
very  few  cases  of  official  misconduct  among  those 
who  had  served  under  Mr.  Adams  ;  we  believe  only 
three  or  four.  This  is  a  fact  of  which  Mr.  Adams 
may  justly  be  proud,  and  we  wish  that  a  like  inves- 
tigation might  take  place  in  1833.  We  fear  the 
result  would  not  be  so  honorable  to  the  party  now 
in  power. 

As  to  retrenchment,  we  have  already  mentioned 
the  operation  of  reform  on  our  foreign  relations  and 
the  post  office,  which  may  be  taken  as  a  fair  speci- 
men of  its  benefits.  We  do  not  pretend  that  every 
change  was  for  the  worse,  but  we  boldly  affirm 
that  the  majority  were,  and  appeal  to  our  fellow- 
citizens  for  the  truth  of  the  assertion.  If  they 
desire  examples,  let  them  look  to  the  cabinet  and 
its  dependencies  during  the  two  first  years  of  presi- 
dent Jackson's  reign.  Let  them  look  to  the  post- 
office  department.  Let  them  look  to  the  naval 
and  custom-house  officers  in  the  difTerent  ports. 
Let  them  look — but  why  specify  instances? — let 
them  look  wherever  a  change  has  been  made. 

We  utterly  abhor  the  doctrine  of  rotation,  as 
applied  to  minor  offices.  If  viewed  in  the  light  of 
an  equal  distribution  of  patronage,  it  is  peculiarly 
absurd.  If  a  '  Jacksonian'  reform  should  take 
place  as  often  as  once  a  week,  more  than  half  the 
citizens  of  this  Republic  would  die  before  their 
turn  could  arrive.  Offices  were  never  created  for 
such  a  purpose  in  any  country.  They  are  for  the 
benefit  of  the  people  and  not  for  that  of  the  indi- 
viduals who  hold  them.  Those  should  hold  them 
who  can  do  the  business  of  the  people  best. 

It  may  be  dangerous  to  suffer  the  president  and 
the  members  of  his  cabinet  to  retain  their  stations 


172  LIFE    OF    JACKSON. 

long  enough  to  form  parties  and  acquire  means  to 
perpetuate  their  power.  We  see  that  now.  But 
we  cannot  discern  what  evil  can  arise  from  per- 
mitting clerks,  postmasters,  he,  to  remain  in  place 
while  they  discharge  their  duties  with  diligence  and 
fidelity.  Add,  that  if  the  tenure  of  such  offices  is 
to  depend  on  the  whim  and  caprice  of  the  president 
or  the  heads  of  departments,  no  honest,  capable 
man  will  accept  them.  Frequent  change  has  more 
evils  yet.  We  take  it  for  an  axiom  that  one  who 
has  fulfilled  the  duties  of  a  post  for  years  with 
general  approbation,  must  at  least  be  as  well  versed 
in  its  requisites  as  a  novice.  In  such  cases  the 
public  may  lose  by  change,  but  cannot  possibly 
gain.  It  is  an  old  adage  that  sunshine  is  the 
weather  for  haymaking,  and  if  an  officer  is  to  enjoy 
the  sun  for  but  four  years,  there  is  danger  that  he 
will  spend  them  in  peculation  instead  of  attending  to 
his  duties.  The  husbandman  who  has  a  long  lease 
of  a  farm,  will  improve  it  to  the  utmost ;  it  is  his 
interest  to  do  so ;  but  he  whose  lease  is  short,  will 
make  his  greatest  profit  though  he  exhaust  the  soil. 
Any  landed  proprietor  will  acknow^ledge  the  force 
and  truth  of  the  illustration.  No  prudent  individual 
changes  an  honest  and  capable  agent.  Why  should 
the  nation  ? 
/  When  the  public  interest  requires  a  change,  it 

*■/  should  be  made,  without  regard  to  the  inconvenience 
the  individual  removed  may  suffer.  But  where 
the  qualifications  of  both  candidates  are  equal,  the 
voice  of  humanity  should  be  heard.  Few  Ameri- 
can public  officers  receive  more  than  a  mere  main- 
tenance, and  fewer  become  wealthy  on  the  emolu- 
ments of  their  places.  Public  business  usually 
disqualifies  a  man  for  any  other,  and  public  men 


LIFE    OF    JACKSON.  J 73 

many  and  have  children,  like  the  rest  of  the  world. 
Their  discharge,  therefore,  occasions  great  private 
injury,  and  should  never  be  the  consequence  of  the 
exercise  of  a  legal  right,  that  of  suffrage. 

Rotation  may  be  carried  into  the  army  and  navy 
■whh  as   much  propriety  as  the  civil   lists.     Why 
not,  'd  the  principle  be  just,  adopt  it  in  private  life, 
and  change  our  tailor  every  time  we  need  a  coat. 
The  evils  of  the  system  are  great  and  manifold. 
The  freedom  of  elections  is  prostrated  by  it.     By 
it  bad  and  venal  expectations  are  encouraged,  and 
the  press  is  perverted  from  its  legitimate  purposes. 
^f^ide  the  distribution  of  public  printing,  and   the 
cohort  of  rewarded  editors.      By  it  a  multitude 
Lave  been  induced  to  forsake  the  quiet  and  lawful 
pursuits  of  life,  in  the  precarious  hope  of  reward, 
and  to   become  disturbers  of  peace  and  morals. 
By  it  great   private  misery  has  been  occasioned. 
It  is  said  in  extenuation  of  president  Jackson's  con- 
duct, that  age  and  infirmity  have  deprived  him  of 
his  former  energy  and  activity,  and  that  these  abuses 
were  suggested  by  others,  and  effected   in  many 
instances  without  his  knowledge.    Be  it  so  :  this  is 
our  own  view  of  the  matter,   and  affords  a  pallia- 
tion only,  not  an  excuse.     The  man  w^ho  looses  a 
wild  beast  may  do  it  ignorantly,  but  is  not  therefore 
the  less  accountable  for  the  mischief  done  by  the 
animal.     We  might  reverse  the  simile,  and  say, 
that  the  '  hero  of  two  wars'  has  often  reminded  us 
of  the  brute,  and  his  cabinet  of  the  exhibitors.    For 
nearly  two  years  we  have  seen  Martin  Van  Buren 
leading  the  political  bull  by  the  nose,  and  DufF 
Green,    in    the   spirit  of  his  original  occupation, 
fdlowing  in  the  rear,  goad  in  hand. 

a 


CHAPTER  XV. 

'fhe  president's  messap^e.  The  doctrines  of  Mr.  Jackson  mid  mt'osaresJ; 
proposed  by  him.  '  Wliether  the  people  can  be  better  represeuted 
than  at  present  or  not.  Of  the  proposed  distribution  of  pubHc 
money.  Brief  sketch  of  the  Cherokee  case.  Extension  of  the  laws 
of  the  southern  States  over  the  soutljern  tribes.  Their  appficatiou 
to  president  Jackson.  His  answer.  Measures  of  Congress.  Con- 
duct of  Georgia.  Execution  of  Corn  Tassel-  Decision  of  the 
supreme  court. 

Farther  than  his  labors  in  the  cause  of  reform 
we  are  not  aware  that  any  of  the  acts  of  president 
Jackson  during  tl>e  first  year  of  his  executive  exist- 
ence merit  commemoration.  His  message  to  Con- 
gress at  the  opening  of  its  session  in  December^ 
1829,  was  an  important  document.  It  was  evi- 
dently not  the  production  of  his  own  pen.  Public 
opinion  ascribed  it  to  the  united  labors  of  the 
cabinet,  and  in  truth  there  Was  reason,  from  its 
style,  to  believe  that  such  was  the  fact.  It  is 
of  little  importance  who  wrote  it :  it  was  a  well 
w-ritten  State  paper,  and  contained  matter  of  deep 
interest. 

The  principal  measures  the  president  recom- 
mended were, 

That  the  constitution  should  be  amended  in  those 
provisions  which  prescribe  how  the  chief  magistrate 
shall  be  chosen.  He  wished  that  the  choice  should 
be  made  immediately  by  the  people,  without  the 


LIFE    OF    JACKSON.  175 

intervention  of  electors.  He  desired  too,  that  the 
president  should  be  ineligible  for  a  second  term. 

He  advised  that  the  judiciary  law  should  be 
altered  so  as  to  extend  the  circuit  court  to  all 
the  States.  That  the  number  of  judges  of  the 
supreme  court  might  not  be  too  much  increased, 
he  proposed  to  divide  the  court  into  two  equal  sec- 
tions. These  were  to  hold  alternate  sessions  of  the 
supreme  court  at  Washington,  at  which  the  chief 
justice  was  always  to  preside. 

He  recommended  that  no  more  first-rate  ships 
should  be  built,  but  that  the  materials  of  marine  ar- 
chitecture should  rather  be  collected  and  placed  in 
situations  where  they  might  readily  be  put  to  use. 

Congress  were  invited  to  investigate  the  condi- 
tion of  the  government  thoroughly,  in  order  to  ascer- 
tain what  offices  might  conveniently  be  abolished, 
and  what  expenses  retrenched.  As  one  part  of  this 
subject,  the  message  recommended  a  new  organi- 
zation of  the  department  of  State,  hinting  at  the 
same  time  that  the  appointment  of  more  clerks  and^ 
an  increase  of  its  expenditure,  would  be  an  im- 
provement. 

Touching  the  stumbling-block  of  offence  to  our 
southern  brethren,  the  tariff,  the  president  stated 
that  it  had  not  had  any  material  effect  on  our  com- 
merce, Sigriculture,  or  manufactures.  While  he 
admitted  the  power  of  Congress  to  impose  protect- 
ing duties,  he  recommended  a  gradual  reduction  of 
some  of  those  already  prescribed. 

The  message  stated  that  a  large  part  of  the 
national  debt  had  been  paid  in  the  course  of  the 
year,  and  that  the  whole  would  probably  soon  be 
extinguished.  When  this  should  have  taken  place, 
it  recommended  that  the  surplus  revenue  should  be 


176  LIFE    OF    JACKSON. 

apportioned  among  the  several  States,  in  the  ratio 
of  their  representation,  for  the  purposes  of  internal 
improvement.  If  this  should  be  found  not  war- 
ranted by  the  constitution,  the  president  advised 
that  it  should  be  authorized  by  an  amendment.  He 
neither  admitted  nor  denied  the  power  of  Congress 
to  make  appropriations  for  internal  improvements, 
but  hoped  his  suggestion  would  do  away  with  all 
difficulties  connected  with  the  subject.  He  had  a 
very  exalted  opinion  of  the  rights  of  individual 
States,  and  took  leave  of  the  topic  with  an  admoni- 
tion to  Congress  to  beware  of  construing  their  own 
powers  in  too  liberal  a  manner,  and  of  meddling  with 
the  separate  sovereignties. 

The  president  desired  that  the  pension  law  might 
be  so  altered  that  its  benefits  should  extend  to  every 
soldier  of  the  revolution. 

Mr.  Jackson  expressed  great  good  will  toward 
the  Indian  tribes  within  the  limits  of  the  United 
States,  and  explained  diclr  political  condition. .  He 
was  of  opinion  that  the  tribes  residing  within  the 
southern  States  had  no  right  to  erect  govern- 
ments of  their  own  without  the  consent  of  the 
said  States,  and  that  the  general  government  had 
no  power  to  countenance  them  in  so  doing.  He 
thought  it  too  late  to  discuss  the  justice  and  hu- 
manity of  former  proceedings  toward  them,  and 
that  the  government  should  remove  them  to  lands 
beyond  the  Mississippi.  They  were  not  to  be 
compelled  to  go,  but  if  they  chose  to  stay,  they 
were  to  be  abandoned  to  the  mercy  of  those  States 
within  whose  limits  they  resided ;  to  the  mercy  of 
Georgia  and  Alabama ! 

The  president  roundly  asserted,  that  the  bank  of 
the  United  States  had  failed  in  its  primary  object, 


LIFE    OF    JACKSON.  177 

lo  establish  a  sound  and  uniform  currency,  and  that 
in  the  opinion  of  a  large  portion  of  the  community, 
its  establishment  was  not  constitutional.  If  any 
institution  of  the  kind  should  be  deemed  necessary, 
he  advised  that  a  national  bank,  founded  on  the 
credit  and  revenues  of  the  government,  should  be 
substituted  in  its  place. 

The  message  contained  a  most  pitiful  attempt  to 
palliate  Mr.  Jackson's  inconsistency  with  regard  to 
the  aj)pointment  of  members  of  Congress.  The 
purity  of  our  government,  it  said,  would  undoubt- 
edly be  promoted  by  their  exclusion  from  all 
appointments  in  the  gift  of  the  president,  in  whose 
election  they  might  have  been  officially  concerned. 
But  while  the  constitution  permitted  the  president 
so  to  do,  he  would  continue,  with  conscientious 
adherence  to  duty,  to  select  them  for  such  stations 
as  he  believed  them  better  qualified  to  fill  than 
other  citizens.  The  nature  of  the  judicial  office, 
and  the  necessity  of  securing  the  first  talents  in  the 
cabinet,  and  in  diplomatic  stations  ought,  he  thought, 
to  exempt  these  from  the  exclusion. 

Mr.  Jackson  also  avowed  the  principle  of  '  re- 
form' on  which  he  had  been  acting,  and  attempted 
to  justify  it.  He  thought  (from  experience?)  that 
few  men  could  remain  long  perfectly  honest  in 
office.  The  corruption  consequent  on  long  tenures 
must  divert  government  from  its  legitimate  purposes, 
and  make  it  an  engine  for  the  support  of  the  few 
at  the  expense  of  the  many.  The  duties  of  all 
public  officers  were,  or  ought  to  be,  so  simple  that 
any  man  might  soon  qualify  himself  for  them.  On 
the  whole,  he  thought  that  a  general  limitation  of 
the  tenure  of  office  to  the  term  of  four  years  would 
do  more  good  than  harm.     Besides,  offices  were 


178  LIFE    OF    JACKSON. 

created  for  the  good  of  the  people,  and  that  alone. 
As  no  man  could  claim  appointment  or  continuance 
in  office  as  a  right,  neither  appointment  nor  removal 
furnished  any  just  ground  of  complaint. 

We  are  not  qualified  to  give  an  opinion  on  the 
subject  of  the  judiciary  law.  That  of  retrenchment 
will  follow  in  its  proper  place,  as  will  several  oilier 
topics  started  by  the  president.  We  have  already 
given  our  sentiments  respecting  reform,  and  will 
ofTer  nothing  more  on  a  topic  so  revolting.  Of 
the  proposed  amendment  of  the  constitution,  inter- 
nal improvement,  and  of  the  Indians,  we  have 
something  to  say. 

It  is  doubtless  desirable  that  the  will  of  a  people 
should  designate  their  chief  magistrate.  But  un- 
less the  small  States,  or  the  slave  States,  give  up 
their  power  to  '  the  people,'  it  is  hardly  possible, 
according  the  present  system,  that  the  right  of 
choice  can  lie  in  the  majority  of  that  people.  Let 
it  be  borne  in  mind  that  the  will  of  the  majority  is 
president  Jackson's  ultimate  argument.  Seventy- 
two  of  the  two  hundred  and  sixty-one  electoral 
votes  had  no  regard  to  the  people  whatever. 
Forty-eight  of  them  belonged  to  States  without 
reference  to  population,  and  twenty-four  repre- 
sented negro  slaves,  who,  in  a  political  sense,  are 
assuredly  no  part  of  the  people.  Thus  it  may  be 
that  one  candidate  may  get  a  majority  of  almost 
sixty  electoral  votes,  and  yet  the  other  may  have  a 
majority  of  the  people  in  his  favor.  It  is  certain 
that  the  electoral  system  does  not  give  the  will 
of  the  people,  and  equally  sure  that  the  house  of 
representatives  cannot.  Yet  the  people  are  as 
likely  to  be  as  fairly  represented  in  one  way  as  the 
other.      On  the   other  hand   the   idea  of  a  vast 


LIFE    OF    JACKSON.  179 

national  caucus  is  supremely  ridiculous.  President 
Jackson's  suggested  measure  is,  we  fear,  impracti- 
cable. It  would,  we  doubt  not,  obviate  many  evils 
were  the  other  part  of  his  advice  adopted,  and  he 
prevented  from  exposing  himself  four  years  more. 

As  to  the  distribution  of  public  money  to  the 
several  States,  to  be  expended  in  internal  improve- 
ments we  have  not  much  to  oiFer.  The  funds  ap- 
plied in  this  way  would  effect  little.  The  whole 
sum  thus  appropriated  for  a  single  year  might  pay 
for  the  construction  of  some  great  work,  a  public 
road,  for  example,  or  the  improvement  of  a  harbor. 
Divided  as  Mr.  Jackson  advised,  the  separate  parts 
could  not  do  good  in  the  ratio  of  the  whole.  It  is 
not  to  be  supposed  that  the  several  States  would 
unite  for  any  grand  object.  The  North  would  not 
continue  a  canal  began  in  the  South,  nor  would  the 
South  do  otherwise  by  the  North.  If  by  any  means 
the  members  of  the  confederacy  should  unite  their 
appropriations,  the  result  would  be  the  same  as  if 
ihe  power  so  often  contested  were  vested  in  Con- 
gress. In  short,  it  appears  to  us  that  the  measure 
proposed  by  the  president  was  calculated  to  para- 
lyze, if  not  to  annihilate  public  improvement. 

We  turn  with  regret,  with  shame,  with  mortifi- 
cation, to  the  darkest  page  of  American  annals. 
Gladly  would  we  pass  it  in  silence,  but  as  our  hero 
liad  a  prominent  share  in  the  affairs  we  are  about 
to  relate,  we  cannot  do  so.  We  are  compelled  to 
say  that  three  of  the  States  of  this  Union  forgot  the 
principles  of  natural  justice,  the  claims  of  humanity 
and  decency,  and  their  own  dignity;  that  they 
showed  themselves  avaricious  and  cruel,  and 
trampled  ruthlessly  on  the  poor  and  feeble.  We 
are  obliged  to  relate  that  the  Union  looked  coolly 


180  LIFE    OF    JACKSON. 

on  while  the  faith  of  treaties  was  violated,  and 
while  a  stain  was  cast  on  the  national  escutcheon-, 
which  even  a  decision  of  the  supreme  court  cannot 
wipe  away.  We  allude  to  the  oppression  of  the 
southern  Indians,  of  whose  case  we  are  about  to 
give  a  sketch,  which  must  necessarily  be  brief. 

The  Choctaws,  Chickasaws,  Creeks  and  Cher- 
okees  abode  within  the  limits  of  Tennessee,  Mis- 
sissippi, Alabama  and  Georgia.  They  were  never 
utter  savages.  They  lived  in  settled  towns,  partly 
by  agriculture,  and  had  governments  and  laws. 
They  had  made  rapid  advances  in  civilization 
under  the  fostering  care  of  the  American  govern- 
ment. As  the  relation  of  all  with  the  United 
States  present  nearly  the  same  features,  we  shaM 
take  the  case  of  the  Cherokees,  the  most  civil- 
ized, as  an  example  of  what  has  happened  to  alL 
They  were  not  hunters,  but  farmers  ;  had  a 
written  language,  schools,  a  newspaper  press,  cat- 
tle, houses,  and  all  the  essentials  of  civilization. 
They  earned  their  daily  bread  by  daily  labor. 

Their  original  title  to  their  lands  was  the  best 
possible  ;  they  inherited  them  from  their  fathers. 
Their  patrimony  descended  to  them  unincumbered, 
and  it  cannot  be  said  that  they  ever  alienated  it. 
It  is  true,  they  have  sold  large  tracts  to  the  United 
States,  but  for  the  last  twelve  years  they  have 
answered  every  solicitation  to  sell  more  with  s. 
peremptory  refusal. 

The  claims  of  the  whites  to  sovereignty  and  jur- 
risdiction  over  the  Cherokees  are  as  follows. 

The  king  of  Great  Britain  claimed  jurisdiction 
over  their  soil,  though  he  never  exercised  it.  At 
the  close  of  the  revolution  his  rights  passed  to  the 
government  of  the  United  States.     The  Cherokees- 


LIFE    OF    JACKSOiV.  181 

never  acknowledged  the  sovereignty  of  either.  If 
merely  making  a  claim  makes  that  claim  valid,  the 
Cherokees  might  with  equal  propriety,  assume  ju- 
risdiction over  the  United  States. 

It  is  contended  too,  that  the  right  of  savages  to 
their  lands  in  any  case  is  but  a  right  of  occupancy; 
but  even  if  it  be  just,  this  principle  cannot  apply  to 
such  a  people  as  the  Cherokees. 

In  the  war  of  the  revolution  the  Cherokees  took 
part  with  the  king  of  Great  Britain.  In  1785  they 
concluded  a  treaty  of  peace  with  the  United  States 
and  ceded  a  large  tract  of  territory.  In  this  treaty 
they  acknowledged  themselves  under  the  protec- 
tion of  the  United  States,  and  gave  to  Congress  the 
power  of  regulating  intercourse  with  them.  In  all 
other  respects  the  parlies  treated  on  perfectly 
equal  terms.  Several  other  treaties,  in  all  of 
which  the  Cherokees  ceded  portions  of  their  ter- 
ritory, were  negotiated  on  similar  terms. 

In  1802  the  United  States,  in  a  compact  with 
Georgia,  agreed  to  extinguish,  in  behalf  of  that 
State,  the  Indian  title  to  all  the  lands  within  its 
limits,  '  as  soon  as  it  could  be  done  on  peaceable 
and  reasonable  terms.  In  pursuance  of  this 
agreement  the  United  States  held  other  treaties 
with  the  Cherokees,  in  which  the  latter  always 
ceded  lands,  which  were  given  up  to  Georgia. 
In  every  instance  the  public  faith  was  pledged  for 
the  protection  of  the  Cherokees,  who  were  treated 
as,  and  called  a  nation.  In  every  instance  it  was 
an  article  that  the  provisions  of  the  treaty  of  Hope- 
well should  remain  inviolable.  The  several  bar- 
gains were  called  treaties  of  peace  and  friendship. 
In  every  one  the  Indians  were  acknowledged  as  an 
independent  nation,  excepting  in  so  far  as  they  had 


18'2  LIFE    or    JACKSON. 

yielded  certain  rights,  in  consideration  of  the  friend- 
ship and  protection  of  the  United  States.  The 
surrender  of  certain  specified  rights  does  not,  ac- 
cording to  the  law  of  nations,  imply  the  surrender 
of  any  other  rights.  It  is  not  pretended  that  the 
Cherokees  ever  granted  sovereignty  and  jurisdic- 
tion over  themselves  and  lands  to  the  United  States, 
or  to  any  one  of  them.  On  the  contrary,  it  is  ex- 
pressly admitted  in  the  treaty  of  Holston  that  they 
are  not  within  the  jurisdiction  of  any  State.  It  is 
not  pretended  that  the  Cherokees  have  violated 
any  of  their  engagements.  In  each  compact  the 
United  States  '  solemnly  guaranteed  to  the  Chero- 
kee nation  all  their  lands  not  thereby  ceded.' 

The  lands  acquired  by  the  United  States  for 
Georgia  were  divided  into  sections  and  distributed 
among  the  free  white  inhabitants  of  that  State  by 
lottery.  Thus  each  citizen  had  a  personal  interest 
in  the  extinguishment  of  the  Indian  title,  and  natu- 
rally desired  to  see  it  brought  about  as  soon  as 
might  be. 

When  the  Cherokees  became  restive,  and  re- 
fused to  alienate  more  of  their  territory,  Georgia 
took  a  ground  till  then  unheard  of.  The  legisla- 
ture assumed  that  the  claim  of  jurisdiction,  founded 
on  the  right  of  discovery,  though  savoring  more  of 
force  than  justice,  was  universally  acknowledged, 
and  therefore,  force  became  right !  It  was  con- 
tended, that  before  the  treaty  of  1802  Georgia 
might  rightfully  have  possessed  herself  of  the 
Cherokee  lands  by  force,  and  that  she  had  not 
relinquished  this  right  by  the  said  compact !  As 
the  right  of  soil  and  sovereignty  had  been  perfect 
in  Great  Britain,  it  was  so  in  Georgia,  and  the 
Indians  were  mere  tenants  at  will,  who  might  be 


LIFE    OF    JACKSON.  183 

ejected  by  force  or  otherwise  whenever  it  should 
please  the  State  so  to  do.*  Acting  on  these  hu- 
mane and  righteous  principles  the  legislature,  in 
1828,  proceeded  to  divide  the  Cherokee  country 
into  five  portions,  each  of  which  was  declared  a 
part  of  a  contiguous  county  in  Georgia.  The 
jurisdiction  of  the  State  was  extended  over  the 
Cherokees,  and  their  government  abolished  forever. 
It  was  also  enacted  that  no  person  of  Indian  blood 
should  be  deemed  a  competent  witness  or  party  in 
any  suit,  in  which  a  white  man  should  be  a  party,  in 
any  court  in  Georgia.  These  laws  were  to  take 
effect  on  the  first  of  June,  1830. 

These  were  laws  not  to  live  under,  but  to  run 
away  from,  and  such  was  evidently  their  intention. 
Under  such  laws  any  white  may  commit  any  ag- 
gression on  any  Indian  with  impunity,  provided 
no  other  white  man  sees  him.  The  Indian  has  no 
remedy,  no  privilege  of  complaint.  In  a  com- 
munity where  such  statutes  are  tolerated  it  cannot 
be  supposed  he  will  find  any  friend  who  will  insti- 
tute a  suit  in  his  behalf,  and  even  if  his  child  be 
murdered,  he  cannot  do  it  himself,  or  prove  the  act, 
though  it  takes  place  before  his  eyes.  It  is  the 
interest  of  all,  and  we  believe  the  inclination  of 
most  of  his  white  neighbors,  to  oppress  him.  In 
short,  the  Cherokees  are  now  almost  in  the  con- 
dition of  oudaws.  Such  are  the  tender  mercies 
of  Georgia. 

It  was  said  in  defence  of  these  proceedings,  that 
while  the  Cherokees  remain,  Georgia  is  deprived 
of  a  valuable  portion  of  the  territory  within  her 


*  See  the  report  of  a  committee  of  the  legislature,  which 
was  adopted  by  both  houses. 


1S4  LIFE    OF    JACKSON. 

limits,  that  an  imperium  in  imperio  would  be  dan- 
gerous to  her,  and  that  the  neighborhood  ©f  the 
Indians  is  inconvenient.  We  beheve,  however, 
that  the  real  motive  for  such  oppressive  policy 
was,  that  the  Cherokee  lands  had  been  found  to 
abound  in  gold.  Other  laws  have  since  been 
enacted,  all  designed  to  oppress  and  banish  the 
Indians.  The  other  southern  tribes  were  treated 
much  like  the  Cherokees.  The  Choctaws,  in- 
deed, were  admitted  to  all  the  privileges  of  citi- 
zens of  Mississippi,  and  subjected  to  her  laws,  the 
first  of  which  abolished  their  government,  and  ren- 
dered it  penal  for  any  of  its  officers  to  perform 
their  functions.  If  all  the  tribes  had  been  admit- 
ted to  all  the  privileges  of  the  States  in  which  they 
respectively  resided,  their  case  would  still  have 
been  a  hard  one.  It  is  certainly  hard  to  come 
under  any  strange  code  of  laws,  and  must  be  doubly 
so  when  those  laws  are  written  in  a  strange  lan- 
guage. 

The  tribes  had  written  to  president  Jackson  to 
claim  the  protection  of  the  United  States  and  the 
execution  of  treaties.  He  wrote  to  them  that  they 
had  better  emigrate  to  Arkansas,  to  avoid  farther 
difficulty.  If,  however,  they  persisted  in  remain- 
ing, he  told  them  they  must  not  look  to  the  general 
government  for  countenance  or  support.  They 
must  submit  to  the  laws  of  the  States,  which  had 
a  right  to  do  with  them  as  they  pleased. 

This  was  a  new  and  strange  doctrine  to  the 
Cherokees.  Protection  had  been  so  often  offered 
them  when  they  needed  it  not,  that  they  were  as- 
tonished to  hear  it  denied  when  it  was  most  neces- 
sary. They  had  been  encouraged  to  remain  and 
become  farmers  by    former  presidents,  and  now 


LIFE    OF    JACKSON.  185 

that  they  had  done  so,  were  desired  to  remove,  as 
hunters  and  savages.  They  could  not  believe  that 
a  great  nation,  whose  chief  boast  is  its  freedom, 
could  violate  a  solemn  pledge  twenty  times  renewed. 
They  declined  to  remove,  and  sent  a  delegation 
to  the  Congress  of  1829-30  to  represent  their 
case.  Here  these  unfortunates  were  delivered 
into  the  hands  of  their  enemies.  Both  houses  re- 
ferred their  petition  to  committees,  a  majority  of 
each  of  which  was  composed  of  members  from  the 
States  interested  in  getting  rid  of  the  Indians. 
The  result  was  what  might  have  been  expected. 
The  reports  recommended  their  removal,  denied 
their  rights  of  inheritance  and  self-government  and 
sustained  the  claim  of  the  States  to  jurisdiction 
o  er  them. 

Accordingly  a  bill  was  passed  appropriating  five 
hundred  thousand  dollars  to  purchase  a  country 
for  them,  and  to  defray  the  expenses  of  their  re- 
moval. An  amendment  was  proposed  by  Mr. 
Frelinghuysen  of  New  Jersey,  providing  for  the 
protection  of  such  as  might  choose  to  remain.  It 
was  1  ejected. 

Another  transaction  serves  to  show  the  spirit  of 
this  Congress.  Mr.  Hemphill  of  Pennsylvania 
ofFered  an  amendment,  as  a  substitute  for  the  bill. 
He  proposed  that  commissioners  should  be  chosen 
from  the  States  not  interested  in  removing  the 
Indians  and  sent  to  ascertain  how  many  of  them, 
if  any,  were  willing  to  exchange  their  lands  for 
others  west  of  the  Mississippi.  They  were  then 
to  visit  the  western  land  of  promise,  to  learn  whether 
it  was  fit  to  support  its  intended  population,  and 
make  an  estimate  of  the  expense  of  exchange  and 
removal.  This  motion  also  failed. 
12 


186  LIFE    OF    JACKSON. 

On  the  3d  of  June  the  governor  of  Georgia  is- 
sued a  proclamation,  declaring  the  laws  of  the  State 
extended  to  the  Cherokee  country,  and  threatening 
to  enforce  them  in  their  utmost  rigor.  Another 
was  issued  at  the  same  time,  declaring  that  the 
Cherokee  lands  and  all  the  precious  metals  therein 
contained  belonged  to  Georgia  in  fee  simple. 
'  Indian  occupants'  and  others  were  warned  against 
trespassing  thereon,  or  taking  away  gold  and 
silver.  These  proclamations  did  not  shake  the 
confidence  of  the  Cherokees  in  the  United  States. 
They  employed  Mr.  Wirt  to  plead  their  cause  be- 
fore the  supreme  court.  That  distinguished  lawyer 
wrote  to  the  governor  of  Georgia  to  inform  him  of 
the  fact,  and  was  answered  that  while  he  remained 
beyond  the  jurisdiction  of  the  State  he  would  be 
safe.  Indeed,  had  he  trusted  his  person  in  Geor- 
gia he  would  have  been  liable  to  imprisonment  in 
the  penitentiary,  according  to  the  provisions  of 
some  of  the  late  acts  of  the  legislature. 

A  case  occurred,  which  made  it  manifest  that 
Georgia  w^as  resolved  not  to  be  restrained,  save  by 
downright  force.  A  Cherokee,  named  Corn  Tas- 
sel, or  in  English,  George  Tassel,  killed  another 
Indian  in  a  drunken  brawl.  This  was  an  oppor- 
tunity to  assert  jurisdiction  not  to  be  missed.  Corn 
Tassel  was  seized  by  the  Georgia  police,  tried, 
convicted  and  sentenced  to  be  hung.  At  the 
prayer  of  one  of  the  Cherokee  authorities,  chief 
justice  Marshall  issued  an  injunction  to  arrest  the 
proceedings,  but  governor  Gilmer  paid  no  regard 
to  it.  He  sent  an  order  to  the  sheriff  to  execute 
the  sentence  in  spite  of  opposition,  but  that  officer 
had  no  need  of  instructions.  He  had  resolved  be- 
forehand  to  perform    his   agreeable   duty  in    the 


LIFE    OF    JACKSON.  187 

manner  directed,  and  when  the  messenger  arrived 
he  found  Corn  Tassel  dead.  This  poor  wretch 
appears  to  have  been  little  better  than  an  idiot. 
When  told  that  he  must  die,  he  imagined  that  sus- 
pension was  the  way  in  which  Georgia  intended  to 
remove  his  race,  and  answered  with  extreme 
naviete,  that  '  he  would  rather  go  to  Arkansas.' 

In  May,  1831,  the  case  of  the  Cherokee  nation 
vs.  the  State  of  Georgia  was  ably  argued  by  Mr. 
Wirt  before  the  supreme  court.  The  opinions  of 
the  court  were,  mainly,  that  Indian  tribes  are  not 
independent  foreign  nations,  but  domestic,  depen- 
dent nations  under  the  guardianship  of  the  United 
States,  and  that  the  court  had  no  power  to  protect 
them  in  the  exercise  of  self-government.  The  in- 
junction to  restrain  the  proceedings  of,  Georgia  was 
therefore  denied.  Two  of  the  five  judges  dis- 
sented from  the  decision. 

Since  that  time  the  laws  of  Georgia  have  visited 
these  helpless  and  unoffending  people  with  unmiti- 
gated severity,  and  they  have  been  subjected  to 
still  more  oppressive  statutes.  It  does  not  consist 
with  our  plan  to  enter  into  details.  Let  it  suffice 
that  every  method  short  of  actual  force  has  been 
employed  to  compel  their  removal.  Yet  they  still 
refuse  to  abandon  the  soil  of  their  fathers.  How 
and  when  this  great  iniquity  is  to  end  Heaven  only 
knows. 


CHAPTER  XVL 

Of  the  United  States  Bank.  Mr.  Mc  Diffie's  report  on  the  subjecf. 
Retrenchment.  The  president's  veto.  A  duel.  Mr.  Jackson's 
conduct.  Dissention  between  Messrs.  Jackson  and  Calhoun.  It^ 
results.  Defection  of  Duff  Green.  He  betrays  his  master's  se- 
crets. Tenor  of  his  disclosures.  Resignation  of  Messrs.  Van  Bu- 
ren  and  Eaton.  Dismission  of  the  other  members  of  the  cabinet, 
Mrs.  Eaton.  Quarrel  between  Messrs.  Eaton  and  Ingham.  Mr. 
Ingham  is  threatened  with  assassination.  Mr.  Jackson's  conduct. 
Conclusion. 

We  think  Mr.  Jackson^s  suggestion  respecting 
the  United  States  Bank  was  unnecessary  and  pre- 
mature. The  subject  can  only  come  under  the 
consideration  of  Congress  when  an  application  shall 
be  made  for  a  renewal  of  its  charter,  and  a  previ- 
ous declaration  of  the  course  to  be  pursued  could 
not  but  be  deeply  injurious  to  all  concerned.  The 
premises  on  which  the  president's  suggestion  was 
based  are  manifestly  fallacious.  It  is  certain  that 
a  bill  of  the  United  States  Bank  is  as  readily  re- 
ceived as  gold  or  silver  in  all  parts  of  the  Union. 
Many  also  thought  it  presumptuous  in  a  chief  magis- 
trate to  dictate  to  a  futm-e  legislature,  with  which, 
according  to  his  own  doctrme  of  rotation,  he  could 
have  nothing  to  do.  However,  the  stock  of  the 
bank  fell  immediately. 

When  the  matter  was  referred  by  the  house  of 
representatives  to  a  committee,  their  report  set 
forth  that  Mr.  Jackson  was  utterly  mistaken  in  all 


LIFE    OF    JACKSON.  189 

his  assumptions,  that  he  was  ignorant  of  the  sub- 
ject, and  that  his  project  of  a  new  bank  was  ab- 
surd. This  report  was  drawn  up  by  Mr.  Mc  Duffie, 
one  of  the  president's  warmest  friends.  The  com- 
mittee of  the  senate  drew  up  a  similar  report.  Tlie 
result  was  that  the  credit  of  the  bank  rose  again. 

A  committee   was  appointed    to    consider  Mr. 
Jackson's  proposed  measure  of  retrenchment,  and 
great  things  were  expected  to  result  from   their  la- 
bors by  the  Jackson  party.     So   much  had  been 
said  of  waste,  extravagance  and  unnecessary  offices, 
that  a  great  part  of  the  people  had  faith  in  the  ex- 
istence of  these  bugbears.     The  committee  entered 
upon  their  duties  with  great  zeal,  being  all,  or  most 
of  them,  warm  friends  to  the  administration.    Con- 
trary to  their  wishes  and   expectations  they  found 
nothing  to  retrench,  no  salary  to  diminish,  no  offi- 
cer to  discharge,  excepting  a  draftsman,  employed 
to   draw  maps   and  plans  for  the  use  of  Congress. 
After  a  long  debate  on  die  subject,  which  cost  the 
nation  as  much  as  would  have  paid   the   draftsman 
for  ten  years,  the  house  decided  that  it  was  inex- 
pedient to  abolish  the  office.     Such  was  the  issue 
of  the  promised  'retrenchment,'  so  long  used  to  gull 
the  people.     Mr.  Chilton,  a  simple,  single  minded, 
honest  member  from  Kentucky,  had  been  foremost 
in  this  abortive  attempt  at  economy.     So  much  was 
he  disgusted  with  the  imposition  he  now  found  to 
have  been  practised  on  the  public,  that  he  made  a 
public  recantation  of  his  political  opinions,  and  de- 
clared himself  an  opponent  of  the  administration. 

Before  the  session  closed  a  bill  passed  both 
houses  authorizing  a  subscription  to  the  stock  of  the 
Maysville  turnpike  in  Kentucky.  The  president 
refused    his   concurrence,   declaring  that   in   his 


J  90  LIFE    OF    JACKSON. 

opinion  no  public  money  eoi>ld  be  lawfaFfy  expencF- 
ed  for  such  purposes  till  the  national  debt  should 
have  been  extinguished.  Even  then,  he  tlrought 
an  amendment  of  the  constitution  would  be  neces^ 
sary.  These  principles,  if  acted  upon,  would  de- 
stroy the  whole  system  of  internal  improvementSy 
and  have  a  fatal  effect  on  the  convenience  and 
resources  of  the  nation.  The  West,  being  a  new 
country,  would  necessarily  suffer  most.  We  be^ 
lieve  tliere  is  no  need  to  expatiate  on  the  subject ;, 
even  those  who-  believe  appropriations  of  the  kind 
in  question  contrary  to  the  spirit  of  the  constitu- 
tion, cannot  but  see  the  evils  attendant  on  a  con- 
struction so  rigid. 

We  have  now  related  all  the  important  proceed- 
ings of  Congress,  over  which  Mr.  Jackson  exerted 
any  influence.  The  history  of  the  session  would 
be  highly  interesting,  hut  is  not  to  be  expected 
here. 

Durmg  the  winter  a  duel  took  place  at  PhHadel-' 
phia, between  a  midshipman  and  a  citizen,  in  which 
the  latter  was  killed.  The  president  immediately 
dismissed  the  offending  officer  and  three  others,, 
his  accessaries,  from  the  service.  This  seems  tt> 
have  been  the  first  and  last  act  of  his  administra- 
iion  that  gave  universal  satisfaction.  Praise  was 
liberally  bestowed  on  him  by  all  the  presses  in  the 
country.  Let  us  see  how  far  he  deserved  it.  The 
facts  were  these. 

Mr.  Branch,  the  secretary  of  the  navy,  wrote  to 
the  executive  that  he  was  satisfied  of  the  guilt  of 
the  parties,  and  recommended  their  dismission ► 
The  president  forthwith  exercised  the  arbitrary 
power  vested  in  him,  and  cashiered  the  officers 
without  trial ;  without  giving  them  a  hearing.    Who 


LIFE    OF    JACKSON.  191 

was  Mr.  Branch,  that  his  individual  opinion  should 
abrogate  the  first  principle  of  criminal  law,  that 
every  man  is  innocent  till  proved  guilty?  The 
proceeding  was  also  at  variance  with  military  prac- 
tice. We  have  no  doubt  that  the  officers  deserved 
dismission,  and  are  far  from  approving  the  practice 
of  duelling,  but  we  object  to  the  manner  of  their 
discharge,  as  a  bad  precedent,  savoring  too  much 
of  arbitrary  power. 

Early  in  1831,  the  particulars  of  a  rupture  be- 
tween the  executive  and  Mr.  Calhoun,  the  vice- 
president,  caire  before  the  public.  It  seems  that 
a  letter  from  Mr.  Crawford  to  one  Forsyth  had 
been  placed  by  the  latter  in  Mr.  Jackson's  hands. 
In  this  document  it  was  asserted,  that  after  the 
conclusion  of  the  Seminole  war,  Mr.  Calhoun  had 
given  his  voice  for  the  punishment  of  general  Jack- 
son, in  the  cabinet  council.  In  justification  of  the 
breach  of  faith  implied  by  the  disclosure,  Mr. 
Crawford  stated  that  it  had  been  made  to  appear 
by  the  friends  of  Mr.  Calhoun,  that  while  general 
Jackson  was  defended  by  the  other  members  of 
the  cabinet,  he,  Crawford,  had  proposed  to  arrest 
the  invader  of  Florida.  By  these  means  Mr, 
Jackson  became  very  friendly  to  Mr.  Calhoun,  and 
decidedly  inimical  to  Mr.  Crawford. 

On  the  receipt  of  this  letter,  president  Jackson 
sent  it  to  Mr.  Calhoun,  expressing  his  surprise  at 
its  contents,  and  desiring  to  know  whether  the  facts 
stated  were  true  or  not.  Mr.  Calhoun  applied  to 
Messrs.  Monroe  (the  ex-president)  and  Mc  Duffie, 
and,  furnished  with  their  testimony  against  Mr. 
Crawford,  took  the  field.  While  he  accused  Mr. 
Crawford  of  falsehood,  he  did  not  deny  that  he  had 
moved  to  bring  general  Jackson  to  trial. 


192  LIFE    OF    JACKSON. 

A  hot  altercation  ensued  between  Messrs.  Cal- 
houn and  Crawford,  each  accusing  the  other  of 
various  misdemeanors,  and  bringing  witnesses  to 
support  the  charges.  Mr.  Crawford  lost  his  tem- 
per and  descended  to  personahties,  and  Mr.  Cal- 
houn published  an  address  to  the  people.  The 
result  of  the  controversy  was  the  disgrace  of  the 
principal  parties  concerned.  Mr.  Crawford  had 
violated  the  duty  of  a  counsellor,  and  descended  to 
abuse  and  mischief-making.  Mr.  Jackson's  con- 
duct became  better  known  than  before,  and  he  had 
moreover  shewn  that  the  president  remembered 
the  wrongs,  real  or  supposed,  of  the  man.  Three 
members  of  Mr.  Monroe's  cabinet  had  been  wil- 
ling to  suffer  a  delinquent  to  escape,  in  the  hope  of 
making  his  great  popularity  second  their  private 
ambitious  views.  It  is  more  than  probable,  from 
the  correspondence,  that  Mr.  Crawford  was  really 
inclined  to  have  had  genera]  Jackson  punished, 
and  if  so,  his  tergiversation  in  denying  the  fact  was 
infinitely  shameful.  President  Monroe  himself 
was  proved  totally  wanting  in  the  moral  courage, 
political  honesty,  dignity  and  fidelity,  that  ought  to 
have  been  concomitant  with  his  authority  and  ele- 
vated station.  Mr.  Calhoun  incurred  the  suspicion 
of  duplicity,  and  of  having  made  general  Jackson 
his  tool,  to  hinder  the  advancement  of  Mr.  Adams. 
A  series  of  petty  intrigues  was  developed,  very  de- 
grading to  persons  of  the  rank  of  those  concerned. 
We  could  write  a  volume  on  the  subject,  but  pre- 
fer to  refer  our  readers  to  Mr.  Calhoun's  publica- 
tion and  the  records  of  the  time,  which  furnish 
abundant  proof  of  all  we  have  advanced. 

In  April,  an  occurrence  took  place  involving 
very  serious  consequences  to  the  Jackson  party^ 


LIFE    OF    JACKSON.  193 

This  was  the  desertion  of  Duff  Green,  commonly 
called  general  Green,  from  its  ranks.  This  person 
had,  in  his  capacity  of  editor  of  the  Telegraph, 
furthered  the  election  of  president  Jackson  more 
than  any  other  individual  in  the  United  States. 
He  was- peculiarly  fitted  to  do  the  dirty  work  of  a 
party,  and  secure  the  votes  of  the  rabble.  To  a 
considerable  share  of  rough  talent,  he  added  great 
boldness,  energy,  perseverance,  and  utter  reck- 
lessness of  decency  and  morals.  Having  been 
thoroughly  provoked,  he  has  done  much  to  hinder 
the  re-election  of  the  god  of  his  former  worship, 
and  there  is  reason  to  hope  that  he  will  give  power- 
ful aid  to  overturn  the  edifice  he  so  ably  labored  to 
construct.  Whatever  his  future  conduct  may  be, 
we  can  never  but  contemn  the  man,  yet  not  to  do 
him  injustice,  we  admit  that  he  will  be  an  important 
acquisition  to  the  party  which  shall  finally  offer  him 
the  highest  wages. 

The  Globe,  a  paper  established  in  Washington 
by  Mr.  Van  Buren,  to  favor  his  own  intrigues, 
accused  Green  of  having  caballed  with  editors  and 
others  in  favor  of  Mr.  Calhoun,  and  against  Mr. 
Van  Buren.  Probably  there  was  some  ground  for 
the  charge,  but  whether  so  or  not.  Duff  replied 
with  a  betrayal  of  the  secrets  of  the  party  ;  in  sub- 
stance as  follows. 

1 .  That  major  Eaton  was  from  the  beginning 
considered  by  the  Jackson  party,  *  the  weak  point 
of  the  administration,'  and  '  a  fruitful  source  of 
danger,'  and  that  he  [Green]  remonstrated  with 
the  president  and  with  Eaton  himself  against  his 
appointment. 

This  fact  is  fully  corroborated  by  better  authority 
than  the  Telegraph. 


194  LIFE    OF    JACKSON. 

It  appears  also  by  Green's  statement  that  the 
President  assured  him  he  should  permit  '  nothing 
in  the  private  relations  of  any  member  of  the  cabi- 
net to  interfere  in  his  or  their  discharge  of  their 
official  duties,'  and  that  Eaton  admitted  that  '  he 
was  fully  sensible  of  the  causes  of  objection  to  his 
appointment,  but  expressed  a  determination  to  do 
all  in  his  power  to  obviate  them  by  a  faithful  dis- 
charge of  his  public  duty.' 

2.  That  Mr.  Secretary  Eaton  had,  at  an  early 
period  of  the  administration,  shown  a  disposition  to 
'  coerce  those  members  of  the  cabinet,  who  had 
failed  to  gratify  his  washes  in  a  certain  particular,' 
[the  admission  of  his  wife  into  the  highest  circles 
of  society,  and  into  their  families,]  and  '  had  on  a 
public  occasion  actually  refused  to  give  his  hand  to 
the  secretary  of  the  navy  for  this  cause.' 

3.  That  major  Lewis,  second  auditor,  brother- 
in-law  of  Eaton,  then  residing  in  the  president's 
family,  had  attempted  to  prevent  communication 
between  Green  and  the  president  by  proposing  to 
become  the  medium  of  their  intercourse ;  and  that 
Green  believed  that  Lewis  and  Eaton  endeavored 
to  get  possession  of  every  avenue  to  the  presi- 
dent's mind. 

4.  That  ahhough  it  was  *  distinctly  understood' 
that  the  secretaries  of  the  treasury  and  navy  were 
unobjectionable  '  in  matters  relating  to  the  transac- 
tion of  public  business,'  yet  'major  Eaton  and 
major  Lewis  soon  began  to  arrange  plans  for  their 
removal,  under  the  pretence  that  it  was  the  only 
means  of  restoring  harmony  in  the  cabinet ;'  and 
made  *  several  unsuccessful  efforts  to  enlist  Green 
and  his  press  in  their  views.' 

5.  That    'Van  Buren  availed   himself   of  his 


LIFE    OF    JACKSON.  195 

peculiar  situation  [being  a  widower,]  to  use  his 
influence  with  the  diplomatic  corps,  to  have  Mrs. 
Eaton  admitted  into  society,  and  in  this  way  '  se- 
cured major  Eaton  and  major  Lewis  as  his  political 
partisans.' 

6.  That  Mr.  Van  Buren  gave  the  printing  of  the 
laws  and  the  patronage  of  his  department  to  another 
printer ;  that  information  soon  reached  Green,  ihat 
Messrs.  Van  Buren,  Eaton,  Lewis,  he.  intended 
to  establish  another  paper,  to  be  carried  on  by  that 
printer  ;  whereupon  he  [Green]  called  upon  the 
secretary  of  state,  and  threatened  him  with  war  if 
the  contemplated  press  were  established ;  that  Mr. 
Van  Buren  then  declared  that  he  considered  it  im- 
politic to  set  up  another  paper,  complimented  Green 
upon  his  career  as  an  editor,  and  promised  him  the 
support  of  his  friends. 

7.  That  Mr.  Jackson's  feelings  and  sympathies 
became  deeply  enlisted  in  behalf  of  Eaton,  and 
that  Van  Buren  by  constant  personal  attention  and 
flattery,  and  apparent  anxiety  to  serve  Eaton,  won 
his  [Jackson's]  confidence. 

8.  That  '  Van  Buren  believed  general  Jack- 
son's friendship  would  secure  him  [Van  Buren] 
the  support  of  the  party.' 

9.  That  the  wife  of  Eaton  was  and  is  ^  a  gay, 
thoughtless,  indiscreet  woman,  fond  of  admiration, 
and  thirsting  for  fashionable  life  ;  resolved  to  force 
herself  on  society,  boasting  of  her  influence,  and 
threatening  the  refractory  with  her  vengeance.' 

10.  That  the  great  source  of  the  president's 
regard  for  Mr.  Ingham,  and  the  leading  cause  of 
his  appointment  to  the  treasury  department,  was 
Mr.  Ingham's  defence  of  Mrs.  Jackson  and  her 
husband  against    '  the  rude   attacks'  of   Jonathan 


196  LIFE    OF    JACKSON. 

Roberts ;  and  that  from  the  same  cause  be  felt  a 
peculiar  gratitude  to  Green  himself. 

11.  That  Messrs.  Eaton,  Lewis,  Van  Buren, 
Amos  Kendall,  &ic.  exerted  themselves  to  make  an 
impression  upon  Mr.  Jackson's  mind  that  major 
Eaton  '  held  the  same  relation  to  society,  that  be 
[Jackson]  had  done  !' 

12.  That  the  exclusion  of  Mrs.  Eaton  from 
society  was  '  tortured  into  a  political  intrigue,  of 
which  he  [Jackson]  was  taught  to  believe  Mr. 
Calhoun  the  impulse.' 

13.  That  then  it  was  that  Lewis  in  the  autumn 
of  1829  visited  New  York,  obtained  a  sight  of 
Forsyth's  letter,  containing  Crawford's  statement 
of  Calhoun's  proposition  in  the  cabinet  of  INIonroe, 
to  subject  Jackson  to  a  court  of  inquiry  for  his  con- 
duct in  the  Seminole  war,  and  that  by  reviving  that 
old  affair,  an  occasion  was  sought  and  found  to 
give  vent  to  an  enmity  in  the  breast  of  Jackson 
towards  Calhoun,  which  had  been  created  during 
that  summer  by  the  artful  turn  which  Mr.  Van 
Buren  had  given  to  Mrs.  Calhoun's  firm  stand 
against  the  admission  of  Mrs.  Eaton  into  the  re- 
spectable and  fashionable  society  of  the  metropolis. 

14.  That  Mr.  Van  Buren,  on  the  other  hand, 
held  one  or  two  levees  for  the  very  purpose  of 
promoting  the  designs  of  Mrs.  Eaton,  her  husband, 
and  the  president  upon  that  society,  and  when  he 
had  done  that,  shut  up  his  house  and  gave  no  more. 

15.  That  IMessrs.  Van  Buren,  Lewis,  &ic.  taught 
the  president  to  believe  that  the  failure  of  his 
measures,  and  the  rejection  of  his  nominations, 
were  to  be  attributed  to  a  continuation  of  the  same 
spirit  of  opposition  and  intrigue  in  Mr.  Calhoun, 
which  he,  through  Mrs.  Calhoun,  had  manifested  in 
excluding  Mrs.  Eaton  from  society ;  that  IMr.  Cal- 


LIFE    OF    JACKSON.  197 

hoLin  was  intriguing  to  run  against  him  [Jackson] 
at  the  next  election,  and  when  his  confidence  in 
Calhoun  was  destroyed  by  these  means,  and  most 
by  the  president's  '  sympathies'  widi  Mr.  Eaton 
and  his  wife,  then  the  Crawford  mine  was  sprung 
to  complete  Calhoun's  destruction. 

16.  As  a  conclusion  of  the  whole,  that  Van 
Buren,  by  using  as  his  instrument  the  female  so 
often  alluded  to,  has  engrossed  all  the  power,  favor 
and  influence  of  the  executive ;  by  the  same  instru- 
ment has  put  down  Mr.  Calhoun  and  set  up  him- 
self; and  was  at  the  moment  these  developements 
were  made,  monopolizing  that  favor,  and  carrying 
on  the  government  by  means  of  the  same  feminine 
instrument. 

Immediately  after  the  publication  of  these  dis- 
closures, Mr.  Van  Buren  tendered  his  resignation 
to  the  president,  saying,  that  as  he  was  a  candidate 
for  the  chief  magistracy,  he  thought  it  his  duty  to 
disfranchise  himself.  The  letter  was  like  one  of 
Oliver  Cromwell's  speeches,  not  to  be  understood ; 
but  Mr.  Jackson  was  of  opinion  that  the  secretary's 
reasons  were  incontrovertible,  and  accepted  his 
resignation. 

Mr.  Eaton  next  resigned,  and  these  facts  being 
made  known  to  Mr.  Ingham  by  the  president,  the 
former  desired  to  know  if  the  example  of  his  coad- 
jutors was  proposed  for  his  imitation.  In  a  private 
interview,  the  president  replied  in  the  affirmative, 
and  Mr.  Ingham  resigned.  A  similar  communica- 
tion induced  the  secretary  of  the  navy  to  resign. 
Lastly,  Mr.  Berrien,  the  attorney-general,  the  only 
member  of  the  cabinet  who  enjoyed  the  public 
esteem,  was  advised  that  his  resignation  would  be 
accepted,  and  took  the  hint. 
13 


198  LIFE    OF    JACKSON. 

The  secret  of  this  political  wreck  is  contained  in 
Green's  disclosures.  It  appears  that  jVIr.  Jackson 
was  peculiarly  sensitiv^e  on  die  subject  of  his  de- 
ceased wife.  He  imagined  the  circumstances  of 
Mr.  and  Mrs.  Eaton  to  be  identified  with  his  own. 
The  facts  connected  with  these  persons  have  been 
published  without  contradiction,  as  follows. 

Mrs.  Eaton  was  the  widow  of  Mr.  Timberlake, 
a  purser  in  the  navy,  who  died  early  in  1828  in 
the  Mediterranean.  Common  report  speaks  of  an 
improper  connexion  between  her  and  Mr.  Eaton 
during  her  husband's  absence.  No  positive  proof 
of  the  fact  has  been  made  public,  but  it  is  certain 
that  her  name  was  a  sound  of  offence  to  the  peo- 
ple of  Washington.  Mr.  Eaton  married  her  in 
January,  1829. 

When  it  became  known  that  Mr.  Eaton  was  to 
be  the  secretary  of  war,  several  of  Mr.  Jackson's 
friends  remonstrated  with  him,  but  he  persisted  in 
his  intention. 

About  the  time  of  Mr.  Jackson's  inauguration 
the  Rev.  Mr.  Ely  of  Philadelphia  came  to  Wash- 
ington. The  Rev.  Mr.  Campbell  mentioned  the 
objections  to  the  appointment  of  Mr.  Eaton  to  Mr. 
Ely,  saying  he  would  remonstrate  with  Mr.  Jack- 
son himself,  did  his  acquaintance  warrant  such  a 
liberty.  Thereupon  Mr.  Ely  engaged,  by  per- 
mission of  Mr.  Campbell,  and  on  his  authority,  to 
give  the  president  a  warning. 

In  the  meanwhile  the  president  and  his  coterie 
had  selected  Mr.  Campbell's  church  for  their  place 
of  worship.  The  example  of  the  great  is  mighty, 
and  the  said  church  was  soon  more  than  filled. 
But  when  Mrs.  Eaton  chose  to  become  a  member 
of  the  congregation  there  was  a  falling  off. 


LIFE    OF    JACKSON.  199 

At  this  time  Mr.  Ely,  having  waited  till  his  com- 
munication was  useless,  gave  Mr.  Jackson  a  full 
account  of  the  imputations  cast  on  Mr.  and  Mrs. 
Eaton,  and  on  more  minute  inquiry,  gave  his  au- 
thority. Mr.  Campbell  was  soon  after  summoned 
before  the  president. 

He  went,  met  the  assembled  cabinet,  and  it  is 
said  that  a  scene  of  ruffian  violence  ensued.  Not 
being  at  liberty  to  name  our  authority,  we  omit  the 
particulars.  Mr.  Campbell  readily  admitted  that 
he  had  been  Mr.  Ely's  informer,  and  said  he  would 
prove  all  he  had  said  and  more,  if  put  to  a  legal 
trial.  Soon  after  he  received  a  challenge  from 
Mr.  Eaton,  and  very  properly  declined  it.  He 
was  even  menaced  with  personal  violence,  but  his 
firmness  was  more  than  a  match  for  his  enemies, 
and  he  remained  unmolested.  Finally  the  presi- 
dent and  his  family  withdrew  from  the  church. 

Soon  after,  that  is  on  the  17th  of  June,  the  fol- 
lowing words  appeared  in  the  Telegraph. 

'  It  is  proved  that  the  families  of  the  secretary 
of  the  treasury,  and  of  the  navy,  and  of  the  attor- 
ney-general, refused  to  associate  with  her,'  (Mrs. 
Eaton.) 

Mr.  Eaton  had  long  been  the  laughing-stock  of 
the  nation,  and  had,  moreover,  been  deeply  stung 
in  the  most  sensitive  spot.  It  is  probable  that  he 
asked  nothing  better  than  a  pretext  to  quarrel  with 
some  one ;  at  least,  if  such  was  not  the  case,  we 
cannot  account  for  his  conduct  without  supposing 
him  insane.  He  wrote  to  Messrs.  Ingham,  Berrien 
and  Branch,  desiring  to  know  if  they  would  avow 
or  disavow  the  paragraph  above  quoted.  The  ex- 
secretary  of  the  treasury  replied,  that  he  did  not 
write  the  offensive  article,  but  that  the   fact  con- 


200 


LIFE    or    JACKSON. 


tained  in  it  was  true.  The  letter  was  concluded 
in  very  disobliging  and  contemptuous  terms. 

On  the  18th  Mr.  Ligham  received  a  challenge 
from  Mr.  Eaton,  by  the  medium  of  Dr.  Randolph, 
who  had  married  the  sister  of  Mrs.  Eaton,  and 
who  acted  at  the  time  as  secretary  at  war.  This 
communication  contained  an  unmanly  charge  against 
the  character  of  Mrs.  Ingham,  who,  it  is  well  known, 
is  above  reproach.  Mr.  Ingham  did  not  find  it 
convenient  to  give  an  immediate  reply,  and  the 
next  day  received  a  second  visit  from  Dr.  Ran- 
dolph, who  threatened  him  with  personal  violence 
if  he  did  not  answer  the  note.  Mr.  Ingham  coolly 
showed  him  the  door. 

On  the  following  morning,  Mr.  Ingham,  being 
about  to  depart  from  Washington  replied  to  Mr. 
Eaton,  declining  his  invitation.  He  then  took 
leave  of  his  friends,  and  about  noon  was  in- 
formed that  Mr.  Eaton,  with  Dr.  Randolph  and 
others  of  his  friends  had  been  in  quest  of  him,  and 
that  he  might  expect  an  assault  at  or  about  the 
treasury,  where  he  had  some  business  to  transact. 
He  therefore  procured  an  escort  of  his  own  friends, 
well  armed,  and  proceeded  about  his  own  affairs. 
He  met  with  no  molestation. 

That  niglit,  if  Mr.  Ingham  is  to  be  believed, 
Mr.  Eaton  and  his  party  lurked  about  the  door  of 
his  lodgings,  using  insolent  language,  and  showing 
other  indications  of  hostility.  The  next  night  he 
was  menaced  in  a  similar  manner.  At  last,  Mr. 
Ingham  addressed  a  letter  to  Mr.  Jackson,  as 
chief  magistrate  of  the  District  of  Columbia, 
charging  Eaton,  Randolph  and  others,  with  having 
waylaid,  with  intent  to  assassinate  him.  He  then 
left  the  city. 


LIFE    OF    JACKSON.  201 

Mr.  Jackson  sent  to  each  of  the  persons  accused 
a  copy  of  Mr.  Ingham's  letter,  desiring  them  to 
answer  the  charge.  This  they  did,  denying  any 
participation  in  a  plot  to  assassinate.  The  presi- 
dent then  wrote  to  Mr.  Ingham  an  insulting  letter, 
informing  him  that  he  could  find  no  reason  to  be- 
lieve his  allegation.  It  having  been  proved,  how- 
ever, that  Dr.  Randolph  had  carried  a  challenge, 
he  was  compelled  to  resign. 

Thus  was  dissolved  this  unhappy  cabinet,  whose 
every  step  was  marked  with  general  disapproba- 
tion. It  is  the  universal  belief  that  Mrs.  Eaton, 
influenced  in  some  degree  by  Mr.  Van  Buren, 
was  at  its  head,  and  that  the  president  was  in  her 
hands  as  clay  in  the  hands  of  the  potter.  It  is 
undeniable  that  she  exerted  a  great  influence  over 
his  councils. 

Messrs.  Ingham,  Berrien,  and  Branch  have  since 
asserted  that  they  received  a  message  from  presi- 
dent Jackson  through  the  medium  of  colonel  John- 
son, requiring  them  to  invite  Mrs.  Eaton  to  their 
parties,  on  pain  of  dismission  in  case  of  disobedience. 
Mr.  Johnson  denies  having  used  the  president's 
name  in  the  matter,  and  slates  that  he  made  the 
communication  on  his  own  responsibility,  out  of 
regard  for  all  parties  concerned.  In  a  correspon- 
dence between  colonel  Johnson  and  the  ex-ministers 
they  virtually  gave  each  other  the  lie.  The  reader 
must  choose  to  which  he  will  give  his  belief.  One 
thing,  however,  is  incontestibly  proved,  viz.  that 
Mr.  Johnson  was  not,  as  was  generally  supposed, 
the  author  of  the  celebrated  Sunday  mail  report. 
The  report  was  very  ably,  and  colonel  Johnson's 
letters  were  very  miserably,  v^^ritten.  Ergo,  the 
same  pen  did  not  write  the  report  and  the  letters. 


202  LIFE    OF    JACKSON. 

A  new  cabinet  has  been  organized,  of  whom  we 
hope  the  pubHc  will  judge  by  their  works.  We 
have  now  done  with  president  Jackson,  we  hope 
forever.  We  hope  he  will  be  wise  enough  to  de- 
cline a  second  election,  or,  if  he  does  not,  that  he 
will  be  disappointed.  His  reign  has  verified  the 
forebodings  of  his  enemies,  and  disappointed  every 
hope  of  his  friends.  It  has  shown  that  if  he  ever 
possessed  independence  of  mind  and  the  knowledge 
requisite  in  his  office,  the  time  has  long  since  passed 
away.  May  he,  in  the  sympathy  of  his  friends,  in 
his  own  dwelling,  forget  the  mortifications  he  has 
undergone,  while  a  wiser  man  sits  in  his  place. 
May  his  country  forget  his  political  career,  and 
remember  some  of  his  military  services.  Above 
all,  may  the  people  of  the  United  States  never 
again  make  their  chief  magistracy  the  prize  of  the 
longest  sword,  or  see  a  female  of  doubtful  character 
at  the  helm  of  State,  or  behold  the  public  trust  per- 
verted for  party  purposes. 

A  description  of  Mr.  Jackson's  person  must  end 
the  volume.  He  is  a  little  more  than  six  feet  high, 
thin,  and  sinewy.  In  his  best  days  he  weighed 
about  a  hundred  and  fifty  pounds.  At  present  his 
hair  is  white,  and  he  is  a  little  bent  by  age. 


APPEND!  X. 


[It  was  the  original  intention  of  the  writer  to  have  directed  the  at- 
tention of  his  readers  to  the  notes  in  the  Appendix  in  the  usual 
mcinner ;  that  is,  by  placing  marks  of  reference  in  the  text  wherever 
it  needed  illustration.  But  as  some  of  the  references  have  been  mis- 
placed, and  others  wholly  neglected  by  the  compositors,  he  is  com- 
pelled to  quote  from  the  text.] 


'  Spruce  Mc  Kay  and  Mr.  John  Stokes.'     p.  8. 

We  have  not  been  able  to  learn  any  thing  of  Mr. 
McKay.  Mr.  Stokes  was  a  distinguished  person.  He 
served  in  the  revolutionary  war,  in  which  he  received 
many  and  severe  wounds,  and  attained  the  rank  of  colo- 
nel. He  was  afterwards  appointed  a  judge,  we  know  not 
of  what  court.  He  was  a  brave,  honorable  and  upright 
man. 

'In  1789  Mr.  Jackson  formed  an  acqiiamtance,' 
&c.     p.  9. 

It  may  be  proper  to  state,  that  our  version  of  this  un- 
happy piece  of  private  history  is  simply  an  abstract  of  the 
admissions  of  Mr.  Jackson's  friends.  We  refer  particu- 
larly to  Judge  Overton.  See  the  printed  documents  of 
the  celebrated  '  Whitewashing  Committee.' 

'  Judge  Jackson  interfered  to  prevent  it.'    p.  17. 

The  following  has  been  printed  as  the  letter  addressed 
to  the  editor  of  the  Nashville  Review. 
'  Mr.  Eastin— 

'I  am  informed  that  at  the  request  of  sundry  citizens  of 
Nashville  and  its  vicinity,  you  are  about  to  dress  your 


204  APPENDIX. 

paper  in  mourning,  "  as  a  tribute  of  respect  for  the  mem- 
ory, and  regret  for  the  untimely  death  of  Charles  Dick- 
inson." 

'  Your  paper  is  the  public  vehicle,  and  is  always  taken 
to  be  the  public  will,  unless  the  contrary  appears — pre- 
suming that  the  public  is  not  in  mourning  at  this  event ; 
in  justice  to  that  public,  it  is  only  fair  and  right  to  set 
forth  the  names  of  those  citizens  who  have  made  the  re- 
quest. The  thing  is  so  novel,  that  the  names  ought  to 
appear  that  the  public  might  judge  whether  the  true  mo- 
tives of  the  signers  were  "  a  tribute  of  respect  for  the 
deceased,"  or  something  else  that  at  first  sight  does  not 
appear.  Yours  with  esteem, 

June  6,  1806.  ANDREW  JACKSON.' 

'  Mr.  Jackson  had  previously  engaged  in  sev- 
eral other  speculations  of  the  same  kind.'     p.  23. 

Extract  from  a  letter  of  Boyd  Mc  jyairi/,  president  of  the 
jVashville  Bank,  to  general  Andrew  Jackson,  published 
in  the  JVashville  Jniig  and  Banner. 
'On  the  18th  May,  1811,  Joseph  Coleman,  Horace 
Green  and  Andrew  Jackson  entered  into  articles  of  agree- 
ment with  R.  Apperson  for  the  purchase  of  a  number  of 
negroes.     The  terms  of  payment  were,  $2050  in  hand, 
$4000  at  the  expiration  of  six,  and  $4000  more  at  the  ex- 
piration of  twelve  months. — For  the  payment  of  the  two 
last  sums,  Coleman,  Green,  and  Jackson  were  to  give 
their  bills  on  a  house  in  Philadelphia,  and  for  furtlier  se- 
curity, in  case  the  bills  were  dishonored,  they  gave  their 
notes  for  similar  sums,  payable  in  the  Bank  of  Nashville. 
Horace  Green  fully  confirms  this  statement' 

The  foUoAving  memorandum,  in  Mr.  Jackson's  hand 
writing,  came  into  the  possession  of  colonel  Andrew  Er- 


APPENDIX.  205 

win,  who  caused  it  to  be   published  in   the   Nashville 
Banner,  verbatim. 

'  A.  Jackson  amount  of  propoHion  of  cash  for  negroes 
hot.  of  Richard  Epperson,  $929  45.  J.  Coleman  is  to  pay 
the  note  in  Bank  for  interest  on  purchase  of  cotton  from 
B.  Smith,  for  $613  39,  and  the  sum  of  191  1-3,  which  he  is 
to  pay,  and  the  sum  of  $125  for  boat  makes  up  his  pro- 
poHion. A.  Jackson  has  paid  for  Keel-boat  $50.  To 
Capt.  Wetherall  discount,  this  20th  of  November,  1811, 
on  the  bill  remitted  W.  Jackson  and  Co.  on  James  Jack- 
son and  Co.  $14  51  ;  and  also  $16  on  note  endorsed  by 
J.  H.  Smith.  JVOTE — provisions  furnished  cotton  boat 
500  lbs.  pork  and  flower,  and  meal,  in  all  $17  20.' 

The  two  following  documents  were  published  in  the 
Port  Gibson  Correspondent,  which  states  that  they  were 
found  among  Mr.  Green's  papers,  and  that  the  bills  and 
their  signatures  were  in  the  hand  writing  of  Mr.  Jackson. 

Bills  of  sale  to  Jlhraham  Greene. 

'■  Know  all  men  by  These  Presents  that  1  Andrew  Jack- 
son of  the  county  of  Davidson  and  State  of  Tennessee 
have  and  by  these  presents  doth  Bargain  sell  and  deliver 
unto  Abraham  Green  of  the  county  of  Pickering  Two 
Negro  weaman  To  it  Betty  about  thirty-five  years  of  age 
and  Hannah  her  Daughter  about  fifteen  years  of  age 
which  are  sound  and  healthy  and  in  and  for  the  Consider- 
ation of  five  hundred  and  fifty  dollars  to  him  in  hand  Paid 
the  receipt  whereof  is  hereby  acknowledged  to  bind  my- 
self my  heirs  Executors  and  administrators  to  warrent  and 
forever  defend  the  right  title  and  Property  of  said  Ne- 
groes to  the  said  Abraham  Green  his  heirs  and  assigns 
forever  against  the  Legal  claim  and  Demand  of  all  and 


206  APPENDIX. 

every  Person  legally  claiming  the  same.  In  Testimony 
whereof  I  have  hereunto  set  my  hand  and  seal  this 
Twenty-seventh  day  of  December  1800. 

ANDREW  JACKSON,  [seal.] 
Jn.  Hutchings.  ack'd  before  me 

S.  LEWIS.' 

'  Know  all  men  by  these  presents,  that  I,  Andrew  Jack- 
son, of  the  county  of  Davidson  and  State  of  Tennessee, 
have  this  day  Bargained,  sold  and  delivered  unto  Abra- 
ham Green,  of  the  county  of  ClaiboUrne  Mississippi  Ter- 
ritory one  Negro  woman  named  Kissiah,  with  two  chil- 
dren, Reuben  about  three  years  old  and  a  female  child  at 
the  breast  called  Elsey,  and  in  and  for  the  consideration 
of  six  hundred  and  fifty  dollars  to  me  in  hand  paid  the 
receipt  whereof  is  hereby  acknowledged  I  do  bind  Myself 
my  heirs  Executors  and  administrators  firmly  by  these 
presents  to  warrant  and  forever  defend  the  right  tittle  and 
property  of  said  Negro  woman  and  her  two  children 
above  named  and  described  to  the  said  Abraham  Green 
his  heirs  and  assigns  for  ever  from  the  claim  or  claims  of 
all  and  every  person  or  manner  of  persons  legally  claim- 
ing the  same  in  witness  Whereof  I  have  hereunto  set  my 
hand  and  affixed  my  seal  this  27th  day  of  Decbr.  1811. 

ANDREW  JACKSON,  [seal.] 

Test.— Note  the  words  "named  Kessiah"  in  the  fifth  \ 

line  from  the  Top  interlined  before  signed.  > 

Test.        J.  Hutchings,'  ) 


appendix.  207 

January 

17th,  1801.    Abraham  Green  in  acpt.  with  Andrew  Jack- 
son, Dr. 

To  one  Negro  Wench  named  Faney  $280 

To  two  Negroe  weaman  Betty  &-  Hanah  550 

To  merchandize  from  John  Anderson  15  18:| 

To  cash  Pd  Taylor  for  making  coat  3 

$848  18| 

'  The  manner  of  his  offending  may  be  learned 
from  a  letter.'     p.  23. 

'  The  Honorable- 
George  W  Campbell  Esq. 

<Sir 

'  You  will  receive  herewith  inclosed,  the  certificate  of 
John  Gordon  and  Major  Thomas  G.  Bradford  editor  of  the 
Clareon  on  the  Subject  of  the  card  bearing  date  Septem- 
ber 11th  1812  published  in  the  Clareon  on  the  26th  Sept. 
1812  from  Silas  Dinsmore  united  States  agent  to  the 
Chocktaw  nation  being  in  the  proper  hand  writing  of  the 
said  Silas  Dinsmore  you  will  also  receive  enclosed,  the 
paper  of  the  26th.  Sept.  containing  the  card  of  Mr.  Dins- 
more which  I  beg  you  to  lay  before  the  Secratary  of  War 
as  soon  as  the  reach  you,  and  I  beg  you  to  communicate 
to  me  witliout  delay  his  determination  as  it  respect  the 
removal  of  Mr.  Dinsmore. — When  I  reed  your  letter  of 
the  10th  of  April  last  enclosing  me  an  extract  of  the  Sec- 
ratary of  Wars  letter  to  Silas  Dinsmore  agent  to  the 
Chocktaw  nation,  I,  nor  the  citizens  of  West  Tennessee, 
hesitated  not,  to  believe  that  Silas  Dinsmore  would  cease 
to  exercise  over  our  citizens  such  lawless  tyranny  as  he 
had  been  in  the  habit  of,  and  that  our  peaceful!  and  hon- 
est citizens  would  be  left  to  enjoy  the  free  and  unmo- 
lested use  of  that  road  as  secured  by  treaty — you  can 


208  APPENDIX. 

easily  Judge  and  so  can  the  [Secrejtary  of  War,  our  sur- 
prise and  indignation,  at  the  wanjton  injsult  offered  to 
the  whole  citizens  of  Tennessee  by  the  publication  of  his 
card  in  the  Clareon — in  which  he  boasts — that  he  has  set 
at  defiance  the  Solem  treaty  that  secures  to  our  citizens 
and  those  of  the  United  States  the  free  and  unmolested 
use  of  tliat  road  as  well  as  the  express  instructions  of  the 
Sccratary  of  War  of  the  23d  of  March  last,  and  boast  his 
detention  of  a  defenceless  woman  and  her  property — and 
for  what !  the  want  of  a  passport — ?  and  my  god  ;  is  it 
come  to  this — are  we  free  men  or  are  we  Slaves  is  this 
real  or  is  a  dream— for  what  are  Ave  involved  in  a  war 
with  great  Britain — is  it  not  for  the  Support  of  our  lights 
as  an  independent  people  and  a  nation,  Secured  to  us  by 
nature  and  natures  god  as  well  as  Solem  treaties  and  the 
laws  of  nations — and  can  the  Secratary  of  War,  for  one 
moment  retain  the  idea,  that  we  will  permit  this  petty 
Tyrant  to  Sport  witli  our  rights  secured  to  us  by  treaty 
and  which  by  the  law  of  nature  we  do  possess — and  Sport 
with  our  feelings  by  publishing  his  lawless  tyranny  exer- 
cised over  a  helpless  and  unprotected  female — if  he 
does  think  too  meanly  of  our  Patriotism  and  galantry — 
were  base  anough  to  Surrender  our  independent  rights 
Secured  to  us  by  the  bravery  and  blood  of  our  forefathers, 
we  are  unworthy  the  name  of  freemen — and  we  view  all 
rights  secured  to  us  by  Solem  treaty,  under  the  consti- 
tuted authority,  rights  Secured  to  us  by  the  blood  of  our 
fathers  and  which  we  are  never  to  yield  but  with  our 
lives — The  indignation  of  our  citizens  are  only  restrained 
by  assurances  that  the  government  so  Soon  as  they  are 
notified  of  this  unwarrantable  insult,  added  to  the  many 
injuries  that  Silas  Dinsmore  has  heaped  upon  our  honest 
and  unofending  Citizens,  that  he  will  be  removed — Should 
we  be  deceived  in  this,  be  frank  with  the  Secratary  of 


APPENDIX.  209 

War  that  we  are  free  men,  and  that  we  will  Suport  the 
supremacy  of  the  laws,  and  that  the  wrath  and  indigna- 
tion of  our  citizens  will  sweepe  from  the  earth  the  invader 
of  their  legal  rights  and  involve  Silas  Dinsmore  in  the 
flames  of  his  agency  house — we  love  order,  and  nothing 
but  Suport  of  our  legal  and  inalienable  rights  would  or 
could  prompt  us  to  an  act,  that  could  be  construed  as 
wearing  the  appearance  of  rashness — but  should  not  the 
Source  of  the  evil  be  removed,  our  rights  secured  by 
trea[ty  restjored  to  our  citizens — the  agent,  and  his  houses 
will  [be]  demolished — and  when  government  is  applied 
to,  and  so  often  notified  of  the  injuries  heaped  upon  our 
Citizens  and  they  will  adhere  to  the  agent  who  delights 
in  treading  under  foot  the  rights  of  the  citizens,  and  ex- 
ults in  their  distresses — not  upon  the  people  who  have  so 
often  complained  without  redress — we  really  hope  that 
the  evil  will  be  cut  off"  by  the  root,  by  a  removal  of  the 
agent,  should  this  not  be  done  we  will  have  a  right  fairly 
to  conclude  that  the  administration  winks  at  the  agents 
conduct  under  the  rose,  notwithstanding  the  instructions 
of  the  Secratary  in  his  last  letter  to  Mr.  Dinsmore  of  the 
23d  of  march — the  right  of  nature  occurs — and  if  redress 
is  not  aforded,  I  would  despise  the  wretch  that  Slumber 
in  quet  one  night  before  he  cutt  up  by  the  roots  the  in- 
vader of  his  Solem  rights,  reguardless  of  consequences — 
let  not  the  Secratary  of  war  believe  that  we  want  more 
than  Justice,  but  both  from  idians  and  Indian  agents,  we 
will  enjoy  the  rights  secured  to  us  by  Solem  treaty  or  we 
will  die  nobly  in  their  Support,  we  want  but  a  bare  fulfil- 
ment of  the  treaty — we  neither  under  Stand  the  Tyranny 
of  the  agent  in  open  violation  of  our  rights  Secured  to  us 
by  treaty — or  the  Creek  law,  that  takes  from  the  United 
States  the  right  guaranteed  by  treaty  that  the  Indians  who 
commit  murders  on  our  Citizens  shall  be  delivered  up 
14 


210  APPENDIX. 

when  demanded,  to  be  tried  by  the  laws  of  the  united 
States  and  punished — the  Creek  law  says  the  Creeks  Avill 
punisli  them,  themselves — Those  inovation  without  the 
consent  of  the  constituted  power  of  the  government  be- 
ing first  had  our  citizens  do  not  understand  the  informa- 
tion of  Colo  Hawkins  U.  S.  agent  for  the  Creeks  and  the 
information  of  Genl  James  Robinson  agent  of  the  Chicka- 
saw Nation,  to  the  contrary  notwithstanding  neither  can 
we  the  citizens  of  Tennessee  believe  without  better  prooff 
that  the  hair  of  the  head  of  one  of  the  murders  of  Man- 
leys  family  and  Grayless  at  the  mouth  of  duck  River  are 
disturbed  by  the  creeks,  when  we  have  proof  that  they 
lately  passed  near  to  Caskaskia  fifteen  in  number  to  join 
the  prophet — In  this  particular  we  want  and  do  expect  the 
murderers  delivered  up  agreeable  to  treaty — this  is  only 
Justice  this  we  ask  of  Government — this  we  are  entitled 
to,  and  this  we  must  (Sooner  or  later)  and  will  have — This 
may  be  considered  strong  language — but  it  is  the  lan- 
guage that  freemen  when  the  are  only  claiming  the  ful- 
filment of  their  rights  ought  to  use — it  is  a  language  tliat 
the  ought  to  be  tought  to  lisp  from  their  cradles — and 
never  when  they  are  claiming  rights  of  any  nation  ever 

to  abandon 

'  Pardon  the  trouble  I  have  given  you  in  this  long  let- 
ter— it  relates  to  the  two  Subjects  that  has  for  some  time 
iritated  the  publick  mind,  and  is  now  ready  to  burst  fortli 
in  vengence — I  am  Dr.  sir  with  due  regard 
Yr  mo  ob  servt 
(Signed)  ANDREW  JACKSON.' 

The  foregoing  letter  is  a  perfect  copy,  word  for  word 
and  letter  for  letter,  as  may  be  seen  by  tlie  file  of  the 
war  department. 


APPENDIX.  211 

'  There  were  some,  too,  among  them,  who  had 
read  that  act  of  Congress,'  he.     p.  39. 

'  No  officer,  non-commissioned  or  private,  of  the  militia, 
shall  be  compelled  to  serve  more  than  three  months  after 
his  arrival  at  the  place  of  rendezvous,  in  any  one  year, 
or  more  than  in  due  rotation  with  every  other  able  bodied 
man  of  the  same  rank  in  the  battalion  to  which  he  be- 
longs.'— Act  of  Congress  of  Feb.  25th,  1795. 

'  To  witness  the  execution  of  a  miUtia  man  for  an 
alleged  mutiny.'     p.  52. 

This  man's  name  was  Woods.  Mr.  Eaton  is  wholly  si- 
lent on  the  circumstances  of  his  offence,  but  we  have 
found  them  detailed  in  the  Kentucky  Reporter,  as  follows. 

'  The  day  on  which  Woods  committed  the  offence  which 
he  expiated  with  his  life,  he  was  on  guard.  The  officer 
who  comm.anded  the  guard,  had  permitted  Woods  after 
his  relief  to  go  to  his  tent  and  snatch  a  hasty  breakfast. 
His  mess  had  finished,  and  left  something  for  him  in  a 
sldllet.  Seated  on  the  ground  by  the  side  of  this  skillet, 
he  was  enjoying  a  humble  repast,  perhaps  thinking  of 
the  home  and  the  friends  he  had  left  behind,  when  a  petty, 
self-important  assistant  to  a  staff  officer  passed  along,  who 
ordered  Woods  to  pick  up  and  carry  off  some  bones  that 
lay  scattered  about  near  the  place.  Woods  refused  to 
comply  with  the  order,  stating  that  he  was  on  guard ;  the 
other  with  an  oath  swore  that  he  should  do  it,  and  also 
cursed  him  for  leaving  his  guard  fire.  Woods  still  re- 
fused, and  rose  to  return  to  his  guard,  saying  that  he  had 
obtained  leave  of  his  officer  for  his  absence.  By  this  time 
the  half  officer  fairly  swelled  with  rage,  and  flew  to  a  gun 
that  was  lying  in  front  of  a  tent,  to  compel  him  to  obey, 
or  to  take  him  prisoner ;  but  poor  Woods,  nothing  daunt- 


212  APPENDIX. 

ed,  primed  his  gun,  and  told  the  little  officer  or  any  one 
else,  not  to  approach  him  at  their  peril ;  and  then  delibe- 
rately walked  to  his  guard  and  surrendered  liimself  pris- 
oner to  the  officer  on  duty.' 

According  to  military  usages,  a  guard  are  exempt 
from  every  species  of  fatigue  duty,  and  ought  to  receive 
no  order  from  any  one  but  the  commanding  officer,  the 
officer  of  the  day,  or  their  own  officers  for  the  time  being. 
If,  therefore,  the  'half  officer'  above  mentioned  was  not 
one  of  the  guard.  Woods  did  but  his  duty,  and  merited 
praise  rather  than  blame. 

'  The  chiefs  of  the  friendly  Creeks  also  pro- 
posed,' &1C.     p.  63. 

Extractfrorti  minutes  of  the  treaty  by  colonel  Hawkins. 

8  o'clock  P.  M. 
'This  evening  the  chiefs  expressed  to  Col.  Hawkins  :— 
they  did  not  give  to  Gen.  Jackson,  the  land  to  day  to  give 
it  back  to  them  in  clothing  and  other  things  ;  they  want 
him  to  live  on  it,  and  when  he  is  gone  (dead)  his  family 
may  have  it,  and  it  may  always  be  known  what  the  nation 
gave  it  to  him  for.' 

The  general  made  no  objection  to  this,  and  the  deed  of 
conveyance  was  drawn  and  signed  without  any  condition 
whatever. 

'On  the  18th  of  April,  1814,  a  new  law  was 
made.'     p.  93. 

Extract  from  said  act  of  Congress. 
*  The  militia  when  called  into  service  of  the  United 
States  by  virtue  of  the  before  recited  act  (of  February  28, 
1795,)  may,  if  in  the  opinion  of  the  president  of  the  United 


ArPENDix.  -213 

States  the  ptihlic  interest  require  it,  be  compelled  to  serve 
for  a  term  not  exceeding  six  months  after  their  arrival  at 
the  place  of  rendezvous,  in  any  one  year.' 

This  power,  it  will  readily  be  seen,  was  vested  in  the 
president  only ;  not  in  general  Jackson,  or  any  other 
commander. 

*  Becomes  an  outlaw  and  a  pirate.'     p.  119. 

<  The  custom  [of  serving  as  volunteers  in  foreign  ar- 
mies] is  justified  by  the  sublimity  of  the  motive  ;  volunteers 
taken  hy  the  enemy,  arc  treated  as  if  part  of  the  army  in 
which  they  fight.  Nothing  can  be  more  reasonable  ;  they 
in  fact  unite  themselves  to  this  army,  they  support  the 
same  cause  ;  no  matter  whether  it  be  from  any  obligation 
or  of  free  will.'— Fatte?. 

Neither  Arbuthnot  nor  Ambrister  were  taken  fighting, 
and  therefore  were  entitled  to  quarter  (according  to  the 
military  usages  of  the  United  States)  even  considered  as 
Indians. 

*  Mr.  Monroe  endeavored  to  induce  general 
Jackson,'  &ic.     p.  130. 

Extract  from  Mr.  Monroe's  letter. 

*  But  an  order  hy  the  government  to  attack  a  Spanish 
post  would  assume  another  character.  It  ivould  authorize 
war, to  which,  hy  the  principles  of  our  constitution,  the  execu- 
tive is  incompetent.  Congress  alone  possess  the  power. 
I  am  aware  that  cases  may  occur,  where  the  commanding 
general,  acting  on  his  own  responsibility,  may  with  safety 
pass  "this  limit,  and  with  essential  advantage  to  his  coun- 
try. The  officers  and  troops  of  the  neutral  power  forget 
the  obligations  incident  to  their  neutral  character ;  they 


214  APPENDIX. 

stimulate  the  enemy  to  make  war,  they  furnish  them  with 
arms  and  munitions  of  w«r  to  carry  it  on ;  they  take  an 
active  part  in  other  respects  in  their  favor ;  they  afford 
them  an  asylum  on  their  retreat.  The  general  obtaining 
victory  pursues  them  to  this  post,  the  gates  of  which  are 
shut  against  him  ;  he  attacks  and  carries  it,  and  rests  on 
those  acts  for  his  justification.  The  affair  is  then  brought 
before  his  government  by  the  power  whose  post  has  been 
thus  attacked  and  carried.  If  the  government  whose  offi- 
cer made  the  attack  had  given  an  order  for  it,  the  officer 
would  have  no  merit  in  it.  He  exercised  no  discretion, 
nor  did  he  act  on  his  own  responsibility.  The  merit  of 
the  service,  if  there  be  any  in  it,  Avould  not  be  his.  This 
is  the  ground  omvhich  this  occurrence  rests,  as  to  his  part. 
I  will  now  look  to  the  future.' 

*  But  the  general  refused   to  be  cajoled,'  &ic, 
p.  130. 

Extract  from  general  JacJcsoii's  reply  to  president  Monroe^ 

'  My  order  was  as  comprehensive  as  it  could  be,  and 
contained  neither  the  minute  original  instructions,  or  a 
reference  to  others  previously  given,  to  guide  and  govern 
me.  The  fullest  discretion  was  lefl  with  me  in  the  selec- 
tion and  application  of  means  to  effect  the  specifical  le- 
gitimate objects  of  the  campaign  ;  and  for  the  exercise  of 
a  sound  discretion  on  principles  of  policy  am  I  alone 
responsible.  But  allow  me  to  repeat,  that  responsibility 
is  not  feared  by  me,  if  the  general  good  requires  its  as- 
sumption. I  never  have  shrunk  from  it,  and  never  will ; 
but  against  its  imposition  on  me  contrary  to  principle,  and 
without  the  prospect  of  any  politic  result,  I  must  contend 
with  all  the  feelings  of  a  soldier  and  a  citizen.' 


APPENDIX.  2liJ 

*  Each  individual  was  to  pay  three  fees.'    p.  135. 

Perhaps  the  following  clause  in  governor  Jackson's 
commission  may  explain  the  power  by  which  he  levied 
taxes. 

'  It  is  the  true  meaning  and  intent  of  these  presents, 
that  the  said  Andrew  Jackson,  or  any  person  acting  under 
him,  or  in  the  said  territory,  shall  have  no  power  or  au- 
thority to  lay  or  collect  any  new  or  additional  taxes.' 

'  Mr.  Jackson  expressed  his  perfect  willingness 
to  answer  the  question.'     p.  148. 

Extracts  from  Mr.  Buchanan^ s  statement. 

'  The  general  told  me  he  had  not  the  least  objection  to 
answer  the  question,'  &c. 

'  I  told  him  tliis  answer  was  such  an  one  as  I  expected 
to  receive,'  &c. 

'  I  then  asked  him  if  I  were  at  liberty  to  repeat  his  an- 
swer.    He  said  I  was  perfectly  at  liberty  to  do  so.' 

'  I  need  not  say  that  I  afterwards  availed  myself  of  the 
privilege.' 

Extracts  from  Mr.  Jackson's  statement  are  not  needed 
here,  as  our  account  of  it  is  very  nearly  in  his  own  words.' 

*This  he  attempted  to  dt.,j,  and  to  throw  the 
blame  on  general  Winchester.'     p.  159. 

Extracts  from  one  of  Mr.  Jacksoii's  letters  on  this  subject. 

'  The  case  you  allude  to,  might  as  well  be  ascribed  to 
the  president  of  the  United  States,  as  commander  in  chief 
of  the  land  and  naval  forces,  as  to  me;  but  as  you  ask  for 
a  statement  of  the  facts,  I  send  them  in  a  concise  form.' 

'  He  (Harris)  broke  open  the  commissary  stores,  knocked 
out  the  heads  of  the  flour  barrels,  taking  what  he  wanted, 


216  APPENDIX. 

and  destroying  -what  he  pleased;  proceeded  then  to  the 
bake  house,  and  set  it  on  fire,  and  marched  off  in  defiance 
of  the  colonel,  leaving  the  garrison  without  provisions, 
and  weakened  by  desertion,  that  it  might  have  fallen  a 
sacnjice  to  the  Indians.'' 

No  sucli  charge  as  this  was  preferred  against  Harris  or 
any  of  those  who  suffered  with  him.  Therefore,  Mr. 
Jackson  must  have  approved  the  proceedings  of  the  court 
martial  without  reading  them,  or  his  memory  must  have 
been  much  impaired  when  he  wrote  this  letter.  It  is 
true,  the  commissary's  store  was  broken  open,  but  the 
rest  of  Mr.  Jackson's  statement  does  not  agree  with  tlie 
record. 

*  The  ringleaders,  Harris  at  their  head,  after  some  time 
were  apprehended,  and  brought  to  Mobile  in  irons,  after 
I  had  left  there  for  New-Orleans,  and  had  charged  general 
Winchester  with  the  command  of  that  section  of  the  coun- 
try. They  were  tried  by  a  court  martial,  and  condemned 
to  die ;  Jive  were  shot,  and  the  balance  pardoned.' 


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